High Court of KeralaWP(C)/24543/2015disposed of

Sukumaran P.P v. The Toddy Workers Welfare Fund Board

2015-08-12Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 12TH DAY OF AUGUST 2015/21ST SRAVANA, 1937 PETITIONER(S) :

------------------------- SUKUMARAN P.P, AGED 52 YEARS, S/O.PRABHAKARAN, PULIKKAL HOUSE, KOMBATHUKADAVU, PUTHENCHIRA.

BY ADV. SRI.M.H.HANIL KUMAR RESPONDENT(S) :

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1. THE TODDY WORKERS WELFARE FUND BOARD, REPRESENTED BY THE TODDY WORKER'S WELFARE BOARD INSPECTOR, THRISSUR-680 001.

2. THE DEPUTY TAHSILDAR(RR), TALUK OFFICE, IRINJALAKUDA, THRISSUR-680 121.

3. THE VILLAGE OFFICER, VILLAGE OFFICE, PUTHENCHIRA, THRISSUR DISTRICT-680 683.

4. SATHYABHAMA, D/O.KUMARAN, CHOURIYEDATH HOUSE, PULLOOT.P.O., KODUNGALLUR- 680 663.

5. DEVAYANI, D/O.KUMARAN, CHOURIYEDATH HOUSE, PULLOOT.P.O., KODUNGALLUR- 680 663.

6. P.K.SOMANATHAN, S/O.KITTU, PUNNAKKAPARAMBIL HOUSE, KURUVILASSERY VILLAGE, CHALAKKUDY TALUK, THRISSUR-680 307.

7. C.K.VINAYAN, S/O.KUMARAN, CHOURIYEDATH HOUSE, PULLOOT.P.O, KODUNGALLUR- 680 663.

8. P.S.AATHMAN, S/O.SANKARA NARAYANAN, PULIKKAL HOUSE, PUTHENCHIRA.P.O., THRISSUR- 680 682.

9. THE DEPUTY TAHSILDAR(RR), KODUNGALLUR, THRISSUR DISTRICT-680 664.

..2/-

..2..

10. THE DEPUTY TAHSILDAR(RR), CHALAKKUDY, THRISSUR DISTRICT- 680 307.

R1 BY ADV. SRI.RENIL ANTO, S.C R2, R3, R9 & R10 BY GOVERNMENT PLEADER SMT.M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS :

------------------------------------------ EXHIBIT P1:

TRUE COPY OF THE FINAL ASSESSMENT ORDER DATED 31.03.2014 PASSED BY THE 1ST RESPONDENT. EXHIBIT P2:

TRUE COPY OF THE JUDGMENT DATED 14.01.2015 IN W.P.(C).NO.27558/2014 OF THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.24543 of 2015 ****************************************************************************** Dated this the 12th day of August, 2015

JUDGMENT

The petitioner threatened with revenue recovery to recover the amount due under the Toddy Workers Welfare Fund, has approached this Court.

2. One of the party respondents had approached this Court in W.P.(C) No.27558/2014. This Court disposed the above writ petition as per Ext.P2 judgment on 14.1.2015 and ordered as follows:

"Accordingly, there will be a direction to the 4th respondent to initiate proceedings for recovery of the contribution amounts, quantified in Ext.P1 order of the 1st respondent, against all the persons mentioned in Ext.P1 order of the 1st respondent, including the petitioners and the respondent Nos.2 and 3. The 4th respondent shall ensure that the proceedings are not targeted against any single person, and that all the persons aforementioned are proceeded against simultaneously for recovery of the dues."

W.P.(C) No.24543 of 2015 2 3.

The petitioner submits that he is prepared to pay his share of contribution.

In that view of the matter, with liberty to recover the balance from others, on payment of petitioner's share, the entire recovery proceedings initiated against the petitioner shall be dropped. The petitioner shall effect his payment within one month from today.

However, the first respondent finds that the ultimate recovery is impossible for any reasons from others, they are free to proceed against the petitioner in accordance with law. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln