Sree Narayana Mission vs District Collector
2025 Latest Caselaw 10390 Ker

Kerala High Court

Sree Narayana Mission vs District Collector on 3 November, 2025

                                            2025:KER:82652
         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
          THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
                 WP(C) NO. 33024 OF 2025

PETITIONER:
         SREE NARAYANA MISSION,
         S/O. LATE DR. P.A. SATHYAPALAN, 64/2047,
         POLAKKULATH HOUSE, MARKET ROAD, ERNAKULAM,
         SECRETARY, SREE NARAYANA MISSION, KODUNGALLOOR,
         TRISSUR, PIN - 680 668.
         BY ADVS.
                 SRI.K.N.ABHILASH
                 SRI.SUNIL NAIR PALAKKAT
                 SRI.RISHI VARMA T.R.
                 SRI.RITHIK S.ANAND


RESPONDENTS:
    1    DISTRICT COLLECTOR,
         COLLECTORATE, TRISSUR DISTRICT, PIN - 680 002.

    2    THE SPECIAL DEPUTY THAHSILDAR {RR},
         KODUNGALLOOR TALUK, KODUNGALLOOR, PIN - 680 668.

    3    THE VILLAGE OFFICER,
         PULLOOT VILLAGE, KODUNGALLOR, TRISSUR,
         PIN - 680 668.

   *4    ADDL. R4: SR. VIKRAMAN K.,
         KANAKKASSERY VEEDU, VAVAKKAD, MOOTHAKUNNAM P.O.,
         NORTH PARAVUR, ERNAKULAM,

    *    (ADDL.R4 IS SUO MOTU IMPLEADED AS PER ORDER DATED
         26.09.2025)

   *5    ADDL. R5: SMT. PRATHIBA N.T.,
         NALUMAKKAL VEEDU, PULLOOT P.O., KODUNGALLOOR,
         PIN-680 663.
         (ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DTD.
    *
         26.09.2025)
                                                     2025:KER:82652
WP(C) NO. 33024 OF 2025
                                  2


   **6      ADDL.R6: THE DEPUTY LABOUR COMMISSIONER,
            OFFICE OF THE DEPUTY LABOR COMMISSIONER,
            CHEMBUKAVU, THRISSUR-680 020.

   **       (ADDL.R6 IS IMPLEADDED AS PER ORDER DATED
            08-10-2025 IN I.A.NO.1 OF 2025)

            BY ADVS
                    SRI.G.HARIKRISHNAN (TRIPUNITHURA) (FOR
            ADDITIONAL R4 & R5)
                    SRI. V.K.SUNIL (GP)


     THIS    WRIT     PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   03.11.2025,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                         2025:KER:82652
WP(C) NO. 33024 OF 2025
                                    3


                              JUDGMENT

The petitioner approached this Court challenging the

revenue recovery proceedings initiated for the recovery of

amounts determined as due towards gratuity payable to

additional respondents 4 and 5.

2. A perusal of the reliefs sought for in the writ

petition will indicate that, in essence, the petitioner was

only asking for instalments to clear the liability. This Court

by order 08-10-2025 directed as follows:

"The learned counsel for the petitioner submits that the petitioner is prepared to pay the amount due to additional respondent Nos.4 and 5 as per the Awards in G.C.Nos.14/2025 and 189/2024.

2. The amount due to additional respondent No.4 and additional respondent No.5, as on today, is Rs.61,846/- and Rs.1,70,606/- respectively.

3. The learned counsel for the petitioner seeks permission to pay the amount due to additional respondent Nos. 4 and 5 in instalments.

4. Having regard to the submissions, the petitioner is permitted to pay the amount due to additional respondent No.4 in two equal monthly 2025:KER:82652 WP(C) NO. 33024 OF 2025

instalments and additional respondent No.5 in four equal monthly instalments.

5. The District Legal Services Authority concerned has produced the bank details of additional respondent Nos. 4 and 5.

6. The petitioner shall pay the first installment to respondent No.4 and 5 on or before 22.10.2025 by remitting the amount in their bank accounts. The subsequent instalments shall be paid on or before the 15th day of every succeeding month. The learned counsel appearing for additional respondent Nos. 4 and 5 shall deliver the bank account details to the learned counsel for the petitioner.

7. Revenue recovery proceedings initiated against the petitioner shall be kept in abeyance for facilitating the payment of the amount due to additional respondent Nos. 4 and 5, as directed above.

Post on 23.10.2025."

3. The learned counsel appearing for additional

respondents 4 and 5 would submit that no amounts have

been paid by the petitioner in terms of the order dated

08-10-2025.

2025:KER:82652 WP(C) NO. 33024 OF 2025

4. Having heard the learned counsel for the

petitioner, the learned Government Pleader appearing for

the official respondents, and the learned counsel appearing

for additional respondents 4 and 5, I am of the view that

since, in essence, the only relief sought for by the writ

petitioner is to permit the petitioner to pay off the liability

for which revenue recovery proceedings have been

initiated in instalments, and since it is stated that the

petitioner has failed to comply with the interim order dated

08-10-2025, the petitioner is not entitled to any further

relief in this writ petition, as the petitioner has failed to

show bona fides.

The writ petition will therefore stand dismissed.

Sd/-

GOPINATH P. JUDGE ats 2025:KER:82652 WP(C) NO. 33024 OF 2025

APPENDIX OF WP(C) 33024/2025

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE RECEIPT KL08051205344/25 DATED 05/08/2025 ISSUED BY THE 3RD RESPONDENT VILLAGE OFFICER.

Exhibit P2 THE TRUE COPY OF THE RECEIPT DATED KL08051204907/25 DATED 07/07/2025 ISSUED BY THE 3RD RESPONDENT VILLAGE OFFICER.

Exhibit P3 THE TRUE COPY OF THE RECEIPT DATED KL08051204026/25 DATED 10/6/25 ISSUED BY THE 3RD RESPONDENT VILLAGE OFFICER.

Exhibit P4 THE TRUE COPY OF THE NOTICE RRC.2025/10619/08 DATED 20.08.2025 ISSUED BY THE 2ND RESPONDENT SPECIAL DEPUTY THAHSILDAR, {RR} UNDER SECTION 34 OF THE REVENUE RECOVERY ACT.

Exhibit P5 THE TRUE COPY OF THE NOTICE RRC.2025/10622/08 DATED 23.08.2025 ISSUED BY THE 2ND RESPONDENT SPECIAL DEPUTY THAHSILDAR, {RR} UNDER SECTION 34 OF THE REVENUE RECOVERY ACT