Smt. Ponnamma Devasia vs The District Collector
2023 Latest Caselaw 3428 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                   WP(C) NO. 3598 OF 2023
PETITIONER/S:

          SMT. PONNAMMA DEVASIA
          AGED 72 YEARS
          W/O. DEVASIA OUSEPH, ERUPATHILPARAMBU HOUSE,
          LAKSHAM VEEDU COLONY, VELIYANADU POST,
          KUTTANADU, ALAPPUZHA, PIN - 689590

          BY ADVS.
          SOJAN JAMES
          JOHNYMON THOMAS

RESPONDENT/S:
     1     THE DISTRICT COLLECTOR
           FIRST FLOOR, COLLECTORATE,
           ALAPPUZHA, KERALA, INDIA, PIN - 688001
     2     THE DISTRICT COLLECTOR
           COLLECTORATE, KOTTAYAM - KUMILY RD,
           KOTTAYAM., PIN - 680002
     3     THASILDAR
           TALUK OFFICE, KUTTANADU, KIDANGARA MANKOMBU RD,
           MONCOMPU, ALAPPUZHA, PIN - 688502
     4     THE VILLAGE OFFICER
           MUTTUCHIRA KAPPUMTHALA ROAD,
           MUTTUCHIRA, PIN - 686613
     5     THE WELFARE FUND INSPECTOR
           KERALA ABKARI WORKERS WELFARE FUND BOARD,
           REGIONAL OFFICE, MARKET ROAD,
           ERNAKULAM, PIN - 682035
           BY ADV S.KRISHNA MOORTHY(ERNAKULAM), SC

          SMT. AMMINIKUTTY, SR GP


     THIS WRIT PETITION     (CIVIL) HAVING COME UP       FOR
ADMISSION ON 24.03.2023,    THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.3598 of 2023

                                  2




                               JUDGMENT

The petitioner herein is the wife of Sri. Devasia Ouseph. He, along

with certain Mrs. Marykutty Xavier, were the licensees of various foreign

liquor shops in Kattappana and Vandiperiyar in the Idukki district. The

grievance of the petitioner is that the respondents initiated recovery

proceedings on the premise that certain amounts were due from the

petitioner herein. The petitioner asserts that though the amount due as

on 1996-1997 was Rs.28/- and Rs.24592/- in respect of FL1-98 and

FL1-94, respectively, the amount as on date with interest due is Rs.524/-

and Rs.4,59,872/-. The petitioner asserts that recovery proceedings have

been initiated by the respondents for recovering the amount which has

already been paid by the co-licensee. It is in the afore circumstances that

the writ petition is filed seeking to quash the recovery proceedings.

2. A statement has been filed by the Standing Counsel for

Respondent No.5. It is stated that the petitioner has already been

informed that the amount due under Annexure-R5 (a) statement is due W.P.(C) No.3598 of 2023

from them.

3. Sri. Sojan James, the learned counsel appearing for the

petitioner, submitted that in order to avoid any controversy, the petitioner

is prepared to remit the amount as disclosed from the statement filed by

the 5th respondent before this Court.

In that view of the matter, this writ petition is disposed of, directing

the petitioner to remit the amount covered under the statement within a

period of one month. On effecting payment as ordered above, the

recovery proceedings initiated against the petitioner will become

unenforceable. If, after payment of the arrears as ordered above, there

are no other impediments, the revenue authorities concerned shall permit

the petitioner to effect mutation and to pay land tax.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE NS W.P.(C) No.3598 of 2023

APPENDIX OF WP(C) 3598/2023

PETITIONER EXHIBITS :

Exhibit-P1 A TRUE COPY OF THE COMMUNICATION SENT TO SMT.

MARYKUTTY XAVIER FROM THE OFFICE OF THE 5TH RESPONDENT DATED 19-11-2020 Exhibit-P2 A COPY OF THE REQUISITION LETTER ISSUED FROM THE WELFARE FUND OFFICE DATED 14-01-2022 Exhibit-P3 A TRUE COPY OF THE CERTIFICATE OF THE 4TH RESPONDENT DATED 28-06-2018

RESPONDENT ANNEXURES :

ANNEXURE R5(A) TRUE COPIES OF THE LETTER NO F/1067(A)/ 2019 DATED 14.02.2023 ALONG WITH THE STATEMENT OF ARREARS RELATED WITH FL1-94