Ilahia Trust vs The Controlling Authority
2024 Latest Caselaw 8732 Ker

Kerala High Court

Ilahia Trust vs The Controlling Authority on 27 March, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                   WP(C) NO. 10986 OF 2024
PETITIONER:

          ILAHIA TRUST
          MARKET P.O, MUVATTUPUZHA,
          ERNAKULAM, PIN - 686673
          REPRESENTED BY THE CHAIRMAN
          BY ADVS.
          P.M.SANEER
          TONY GEORGE KANNANTHANAM
          BIBIN B. THOMAS

RESPONDENTS:

    1     THE CONTROLLING AUTHORITY
          UNDER THE PAYMENT OF GRATUITY ACT, 1972
          (DEPUTY LABOUR COMMISSIONER), OFFICE OF
          DEPUTY LABOUR COMMISSIONER, CIVIL STATION,
          ERNAKULAM, PIN - 682030
    2     SAJINI SUSAN MATHAYI
          EDASSERIYILHOUSE, KADAKANADU P.O.,
          KOLENCHERRY, ERNAKULAM, PIN - 682311
    3     THE DUPY TAHASILDAR(RR)
          TALUK OFFICE, MUVATTUPUZHA,
          ERNAKULAM DISTRICT, PIN - 686661
    4     THE DISTRICT COLLECTOR
          CIVIL STATION, ERNAKULAM, PIN - 682030
    5     THE VILLAGE OFFICER
          MULAVOOR VILLAGE, PAIPRA, MUVATTUPUZHA,
          ERNAKULAM DISTRICT, PIN - 686673
          BY ADVS.
          C.ARUN PRASANTH
          A.S.BRIJESH(K/481/2004)
          ROOPA RAMACHANDRAN(K/1205/2003)
          C.S.SHEEJA - SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2024, ALONG WITH WP(C).11048/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.10986 of 2024 & 11048 of 2024
                                            :2:



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                            WP(C) NO. 11048 OF 2024
PETITIONER:

              ILAHIA TRUST
              MARKET P.O, MUVATTUPUZHA,
              ERNAKULAM, PIN - 686673
              REPRESENTED BY THE CHAIRMAN
              BY ADVS.
              P.M.SANEER
              TONY GEORGE KANNANTHANAM
              BIBIN B. THOMAS

RESPONDENTS:

      1       THE CONTROLLING AUTHORITY
              UNDER THE PAYMENT OF GRATUITY ACT, 1972
              (DEPUTY LABOUR COMMISSIONER), OFFICE OF
              DEPUTY LABOUR COMMISSIONER, CIVIL STATION,
              ERNAKULAM, PIN - 682030
      2       JUBIN ELDHO PAUL
              MUPATHIYIL HOUSE, MEKKADAMBU PO,
              MUVATTUPUZHA. ERNAKULAM DISTRICT,
              PIN - 682316
      3       THE DEPUTY TAHASILDAR(RR)
              TALUK OFFICE, MUVATTUPUZHA,
              ERNAKULAM DISTRICT, PIN - 686661
      4       THE DISTRICT COLLECTOR
              CIVIL STATION, ERNAKULAM, PIN - 682030
      5       THE VILLAGE OFFICER
              MULAVOOR VILLAGE, PAIPRA,MUVATTUPUZHA,
              ERNAKULAM DISTRICT, PIN - 686673
              BY ADVS.
              C.ARUN PRASANTH
              A.S.BRIJESH(K/481/2004)
              ROOPA RAMACHANDRAN(K/1205/2003)
              C.S.SHEEJA - SR.GP
 W.P.(C) Nos.10986 of 2024 & 11048 of 2024
                                            :3:



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.03.2024, ALONG WITH WP(C).10986/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) Nos.10986 of 2024 & 11048 of 2024
                                            :4:




                                    JUDGMENT

Sri.P.M.Saneer - learned counsel for the petitioner,

vehemently argued that the Revenue Recovery requisition, which is

impugned in these writ petitions, does not contain any of the

necessary details, as are required under the Revenue Recovery Act,

especially Form Nos.1 and 10 thereof. He, however, conceded that

the said requisition has been made on the basis of Ext.P4 Award

issued by the Controlling Authority under the Payment of Gratuity

Act, 1972, and that no Statutory Appeal has been filed against it

until now. He nevertheless prayed that the impugned Revenue

Recovery requisition be quashed for the afore reason.

2. Smt.C.S.Sheeja - learned Senior Government Pleader, in

response, submitted that, it appears to be true that some of the

vital details, as are required in the requisition, have been omitted.

She added that, therefore, the Authorities are now willing to

withdraw the impugned requisitions, but with liberty to issue fresh

ones; and argued that this cannot be objected to by the petitioner

because they had not challenged the Award of the 1 st respondent by

filing an Appeal, as was permitted to them. She contended that,

when the petitioner failed or refused to invoke their statutory

remedy against Ext.P4 in both cases, they cannot now be allowed W.P.(C) Nos.10986 of 2024 & 11048 of 2024

to challenge it in a collateral manner before this Court,

particularly, when they have chosen to do so, only when they

received the Revenue Recovery requisition. She thus prayed that

these writ petitions be ordered only on such terms.

3. I must say that there is force in the afore submissions of

the learned Senior Government Pleader because, as long as the

edifice of the requisition remains - namely Ext.P4 Award in both

cases - which was followed by a statutory notice, namely Ext.P5,

produced in both writ petitions, the petitioner can only challenge

them on substantive grounds and no other.

4. In the case at hand, it is true that the Revenue Recovery

requisitions do not contain any of the essential details as mandated

under the statute, and this is conceded to by the learned Senior

Government Pleader also.

5. I, therefore, put it to Sri.P.M.Saneer - learned counsel for

the petitioner, whether his client is willing to pay off the amounts

as per the Award, to which, his answer was that they do not have

the financial resources at the moment; and he also conceded, to a

pointed question from this Court, that the challenge to the Awards

at this time has been done only because his client received the

notices under the Revenue Recovery Act.

6. It is well settled without requirement for restatement that, W.P.(C) Nos.10986 of 2024 & 11048 of 2024

when the Award of the 1st respondent has not been challenged

through the statutory mechanism, it cannot be normally done

before this Court under Article 226 of the Constitution of India,

particularly when no reasons have been stated by the petitioner in

not having done so earlier.

7. Therefore, as rightly argued by Smt.C.S.Sheeja, the

petitioner has approached this Court solely because they have

received Revenue Recovery notices and nothing else. However,

when these notices are agreed to be withdrawn, the challenge

against the order of the 1st respondent at this stage before this

Court is not deserving of consideration on its merits, especially

because, as I have already said above, they have either refused and

failed to invoke their statutory remedy, even though they had it

available to them throughout.

8. That being said, however, the impugned requisitions

concededly do not contain the details as are required under the

statute. Such an evasive and vague requisition cannot be allowed

to culminate in a sale proceeding. I am, therefore, of the firm view

that the suggestion of the learned Senior Government Pleader, that

the Requisitions will be withdrawn, with liberty to the competent

Authority to issue fresh ones is the most apposite.

In the afore circumstances, these Writ Petitions are allowed, W.P.(C) Nos.10986 of 2024 & 11048 of 2024

without acceding to the challenge to Ext.P4 order of the 1 st

respondent in both cases; however, recording that the impugned

revenue recovery proceedings will be withdrawn.

Needless to say, the right of the competent Authority to issue

fresh requisitions under the Revenue Recovery Act is left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C) Nos.10986 of 2024 & 11048 of 2024

APPENDIX OF WP(C) 11048/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION IN FORM NO N SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DTD 29/11/2019.

Exhibit P2          A TRUE COPY OF THE AFFIDAVIT AND PETITION
                    FILED    BY    THE    2ND   RESPONDENT  DTD

29/11/2019 BEFORE THE 1ST RESPONDENT.

Exhibit P3 A TRUE COPY OF THE OBJECTION DTD 12/2/2020 FILED BY THE MANAGER OF ILAHIA COLLEGE OF ENGINEERING AND TECHNOLOGY. Exhibit P4 A TRUE COPY OF THE ORDER IN GC NO 356/2019 DATED 25-2-2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 A TRUE COPY OF THE SHOW CAUSE NOTICE NO GC 356/2019 DTD 10/10/2023 SENT FROM THE OFFICE OF THE 1ST RESPONDENT.

Exhibit P6 A TRUE COPY OF THE NOTICE UNDER SECTION 7 AND 34 OF RR ACT DTD 13-12-2023.

Exhibit P7 A COPY OF THE LETTER NIL DTD ISSUED BY THE PETITIONER TO THE 3RD AND 4TH RESPONDENT.

Exhibit P8 A TRUE COPY OF THE INTERIM ORDER DTD 11/1/2019 IN WPC NO 42443/2018.

RESPONDENTS' EXHIBITS : NIL.

W.P.(C) Nos.10986 of 2024 & 11048 of 2024

APPENDIX OF WP(C) 10986/2024

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION IN FORM NO N SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DTD 29/11/2029.

Exhibit P2          A TRUE COPY OF THE AFFIDAVIT AND PETITION
                    DTD    29/11/2019     FILED     BY    THE  2ND

RESPONDENT BEFORE THE 1STRESPONDENT.

Exhibit P3          A   TRUE   COPY    OF    THE   OBJECTION   DTD
                    12/2/2020    FILED    BY    THE    MANAGER  OF
                    ILAHIACOLLEGE      OF      ENGINEERING     AND
                    TECHNOLOGY.
Exhibit P4          A TRUE COPY OF THE ORDER IN GC NO
                    357/2019 DATED 3-3-2023 ISSUED BY THE
                    1STRESPONDENT.
Exhibit P5          A TRUE COPY OF THE SHOW CAUSE NOTICE NO
                    GC 357/2019 NIL DATED SENT FROM THE
                    OFFICE OF THE 1STRESPONDENT.
Exhibit P6          A TRUE COPY OF THE NOTICE UNDER SECTION 7
                    AND 34 OF RR ACT DATED 13-12-2023.
Exhibit P7          A COPY OF THE OBJECTION DATED NIL. ISSUED

BY THE PRINCIPAL OF THE INTITUTION TO THE RESPONDENTS 3 AND 4.

Exhibit P8 A TRUE COPY OF THE INTERIM ORDER DATED 11/1/2019 IN WPC NO.42443/2018 OF THIS HONOURABLE COURT.

RESPONDENTS' EXHIBITS : NIL.