P.M. Divis vs District Collector
2024 Latest Caselaw 6272 Ker

Kerala High Court

P.M. Divis vs District Collector on 29 February, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
                        WP(C) NO. 16601 OF 2012
   AGAINST THE ORDER/JUDGMENT OS 120/1991 OF ASSISTANT SESSIONS
                 COURT/II ADDITIONAL SUB COURT,THRISSUR
PETITIONER/S:

    1     P.M. DIVIS
          S/O.MATHEW, PALIAKKARA HOUSE, CHIYYARAM VILLAGE
          P.O.OLLUR-680026,TRICHUR TALUK AND DIST

    2     (ADDL. P2. BABY DAVIS)*
          BABY DAVIS, AGED 65, W/O LATE P.M. DAVIS, RESIDING AT,
          PALIAKKARA HOUSE, WEST BAZAR, OLLUR P.O., THRISSUR
          DISTRICT 680306.

    3     (ADDL. P3. NIDHIN P.DAVIS)*
          NIDHIN P DAVIS, AGED 37, S/O LATE P.M. DAVIS, RESIDING
          AT PALIAKKARA HOUSE, WEST BAZAR, OLLUR P.O., THRISSUR
          DIST.680306.

    4     (ADDL. P4. DHANYA JIJO)*
          DHANYA JIJO, AGED 42, D/O LATE P.M DAVIS. RESIDING
          ATVITHAYATHIL HOUSE, FORT ROAD, NORTH PARAVOOR P.O.,
          683513. *(ADDL. P2 TO P4 IS IMPLEADED AS PER ORDER
          DATED 8/12/2021 IN 1/2021 IN WPC 16601/2012.)

          BY ADVS.
          SRI.MILLU DANDAPANI

RESPONDENT/S:

    1     DISTRICT COLLECTOR
          COLLECTORATE, AYYANTHAOLE, TRICHUR-680003

    2     THE DEPUTY TAHSILDAR
          REVENUE RECOVERY, CHEMBUKKAVU, THRISSUR-680020

    3     THE VILLAGE OFFICER
          OLLUR VILLAGE P.O.OLLUR-680003,TRICHUR DIST
 W.P (C) No.16601/2012              -2-

      4       THE CONTROLLOING AUTHORITY UNDER THE PAYMENT OF
              GRATUITY ACT 1972-
              DISTRICT LABOUR OFFICER, OFFICE OF THE DISTRICT LABOUR
              AOFFICER, AYYANTHOLE, THRISSUR.

      5       P.V.THANKAPPAN
              PERINCHERI HOUSE, MARATHAKKARA.P.O.- 680 320, THRISSUR.

      6       A.A.AMMINI
              KONOTHIL HOUSE,MARATHAKKARA.P.O., 680 320, THRISSUR.

      7       P.A.KUTTAPPAN
              PERAMBRATH HOUSE, KONIKKARA.P.O., 680 306, THRISSUR.

      8       M.S.THANKAMANI
              MANAPPETTY HOUSE, MARATHAKKARA.P.O., 680 320, THRISSUR.

      9       A.R.JANAKI
              NAGATH HOUSE, KALOOR, MARATHAKKARA.P.O.,680 320,
              THRISSUR.

     10       ELSY THOMAS
              KALLOOKKARAN HOUSE, KALLOOR.P.O., 680 317, THRISSUR.

     11       T.K.RADHA
              BALAPARAMBIL HOUSE, MARATHAKKARA.P.O., 680 317,
              THRISSUR.

     12       T.V.CICILY
              THATTIL KUPPAYIL, CHITTARAM.P.O.-680 026, THRISSUR.

     13       P.S.PARUKUTTY
              MAYADAN HOUSE, PONNUKKARA.P.O.- 680 014, THRISSUR.

     14       K.K.MARY
              W/O.JOSE, THERATTIL HOUSE, P.O.KALLOOR -680 317,
              THRISSUR. (FOR HERSELF AND AS THE LEGAL HEIR OF
              DECEASED T.P.JOSE)

     15       SMT.KOCHAMMU
              W/O.SANKARAN, PATTALAN HOUSE, MARATHAKKARA.P.O.,-680
              320, THRISSUR.
 W.P (C) No.16601/2012                -3-

             BY ADVS.
             SRI.P.K.SAJEEV, GOVERNMENT PLEADER

OTHER PRESENT:

              SRI. VENUGOPAL V -GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.16601/2012                 -4-

                               JUDGMENT

This writ petition has been filed challenging the revenue recovery

proceedings initiated against the properties of the petitioner for recovery of

the amounts due under the Payment of Gratuity Act to 12 employees of a

partnership firm known as 'St. Cyriac Tile Works'. Pending the writ petition

the original writ petitioner died and his legal heirs are impleaded as

additional respondents 2 to 4. The deceased original writ petitioner who was

one of the partners of the firm also appointed as Receiver in a suit for

dissolution of partnership.

2. When this matter is taken up for consideration today, it is

submitted by the learned counsel appearing for the additional petitioners that

out the amounts deposited by the deceased original writ petitioner before the

Sub Court, Thrissur an amount of Rs.4,60,000/- which was the gratuity

amount payable to respondents 5 to 15 had been withdrawn by respondents 5

to 15 and therefore revenue recovery proceedings can be set aside. An

affidavit dated 05-12-2021 has also been filed by the additional 2 nd petitioner

confirming that the principal amount of gratuity payable to respondents 5 to

15 have already been withdrawn out of the amounts deposited in court.

2. Taking into consideration of the above submission this writ

petition is disposed of setting aside the revenue recovery proceedings initiated

against properties of the deceased original writ petitioner and making it clear

that if there are any further claims by respondents 5 to 15 including for any

interest such claims can be processed by the controlling authority also

keeping in mind the directions issued by this court in RFA No.551/2006,

arising out of O.S No.120/1991 on the file of the Subordinate Judge's Court,

Thrissur.

Sd/-

GOPINATH P. JUDGE

AMG