Joshy P.V. v. The State of Kerala represented by its Secretary for Labour & Rehabilitation Department, The District Collector, The Tahsildar, The Village Officer and The Welfare Fund Inspector Toddy Workers Welfare Board; Anish Das v. District Collector, Kottayam, Tahsildar, Meenachil, Palai and Village Officer, Poonjar Thekkekara

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **WEDNESDAY, THE 29[TH] DAY OF MAY 2024 / 8TH JYAISHTA, 1946** **WP(C) NO. 3632 OF 2013** ## **PETITIONER/S:** **JOSHY P.V. AGED 40 YEARS, PUNNOLI HOUSE, KONDOOR, THIDANADU O, KOTTAYAM DISTRICT, PIN 686 123.** ## **BY ADV SRI.GEORGEKUTTY MATHEW** ## **RESPONDENT/S:** - **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY FOR LABOUR & REHABILITATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM,PIN 695 001.** - **2 DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM,PIN 686 566** - **3 THE TAHASILDAR TALUK OFFICE, MEENACHIL, PALAI, KOTTAYAM DISTRICT, PIN 686 575** - **4 THE VILLAGE OFFICER VILLAGE OFFICE, KONDOOR, THIDANADU O, KOTTAYAM DISTRICT,PIN 686 123.** - **5 THE WELFARE FUND INSPECTOR TODDY WORKERS WELFARE BOARD, KOTTAYAM,PIN 686 566** **BY ADVS. ADVOCATE GENERAL OFFICE KERALA GOVERNMENT PLEADER SRI.K.D.BABU, SC, KERALA TODDY WORKERS WELFARE FUND BOARD RENIL ANTO KANDAMKULATHY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.05.2024, ALONG WITH WP(C).5407/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) Nos.3632/2013 & 5407/2016 -2- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE GOPINATH P.** **WEDNESDAY, THE 29[TH] DAY OF MAY 2024 / 8TH JYAISHTA, 1946** **WP(C) NO. 5407 OF 2016** ## **PETITIONER/S:** **ANISH DAS AGED 30 YEARS ETTICKAL HOUSE, POONJAR, THEKKEKARA P.O., KOTTAYAM DISTRICT-686 582.** ## **BY ADV SRI.GEORGEKUTTY MATHEW** ## **RESPONDENT/S:** **1 THE DISTRICT COLLECTOR, KOTTAYAM COLLECTORATE, KOTTAYAM-686 001. 2 THE TAHSILDAR REVENUE RECOVERY, MEENACHIL, PALAI P.O., KOTTAYAM DISTRICT-686 575. 3 THE VILLAGE OFFICER POONJAR THEKKEKARA VILLAGE, POONJAR P.O., KOTTAYAM DISTRICT-686 581.** **BY ADVS. SRI. K.P. HARISH, SR. GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.05.2024, ALONG WITH WP(C).3632/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P (C) Nos.3632/2013 & 5407/2016 -3- ## **J U D G M E N T** The petitioner is one of the legal heirs of late Velayudhan and late Chinnamma Velayudhan. Late Velayudhan and late Chinnamma Velayudhan were licensees in respect of certain toddy shops of Erattupetta Range for the year 1988-89. For the recovery of the following arrears, revenue recovery proceedings was initiated against the parents of the petitioner. |Sl.<br>No.|File No.|RRC No.|Amount| |---|---|---|---| |1|K2/Epta-75 & 84/88-89 dated<br>14.09.1998 of WFI Kottayam|B7 61136/88/K Dis.<br>Dated 20.12.1988|Rs 24,000/- + 9%<br>interest from 01.07<br>1988| |2|K2/Epta-75 & 84/88-89 Dated 02-05-<br>1989 of WFI Kottayam|B7 30693/88/K Dis<br>dated 13.06.1989|Rs 31,510/- + 9%<br>interest from 01.12<br>1988| |3|K2/Epta-84/88-89 Dated 09.10.1991<br>of WFI, Kottayam|B7 1446/92/K Dis<br>dated 21.01.1992|Rs 11.287/-+ 9%<br>interest from 16.02<br>1991| |4|K2/Epta-75 & 84/88-89 Dated<br>09.10.1991 of WFI, Kottayam|B7 26793/92/K Dis<br>dated 25.05.1992|Rs 22,716/- + 9%<br>interest from<br>09.11.1990| |5|KB/3224/89 Dated 29.11.1989 of<br>AEC, Kottayam|B7 72399/88/K Dis<br>dated 22.10.1990|Rs 14,172+13000 +<br>18% interest from<br>01.04.1989| An extent of property belonging to late Velayudhan and late Chinnamma Velayudhan was sold in auction. Since there were no bidders the property was treated as bought in land under the provisions of Section 50 of the Kerala Revenue Recovery Act, 1968 (hereinafter referred to as 'the 1968 Act'). The W.P (C) Nos.3632/2013 & 5407/2016 -4- petitioner challenges the sale on two grounds. It is submitted that the revenue recovery proceedings were initiated and concluded after late Chinnamma Velayudhan had expired and without proper notice to the legal heirs. It is further contended that the land could not have been purchased by the Government as certain portion of the arrears were due to the Toddy Workers' Welfare Fund Board and going by the decision of this court in _**Ayisha Teacher v. District Collector, Malappuram and another;** 2009 (4) KHC 106_ , the land could not be treated as bought in land by the Government at least to the extent of dues payable to the Toddy Workers' Welfare Fund Board. 2. The learned Government Pleader submits with reference to the counter affidavit filed by 3[rd] respondent that the contention taken before this court that there was no proper notice to the legal heirs of late Chinnamma Velayudhan is absolutely incorrect. He submits that the properties were bought to sale after notice to the legal heirs of late Chinnamma Velayudhan as is evidenced from the documents produced as Exts.R3 (a) and R3 (b). It is submitted that since at least a part of the amount for which revenue recovery proceedings were initiated was amount due to the Government, the contention that the land could not be treated as bought in land is only to be rejected. W.P (C) Nos.3632/2013 & 5407/2016 -5- 3. The learned Standing Counsel appearing for the Toddy Workers' Welfare Fund Board submits that the contention taken on behalf of the petitioner that there was no notice to the legal heirs of late Velayudhan and late Chinnamma Velayudhan cannot be accepted for one more reason. It is submitted that the petitioner was actively involved in the conduct of the business of his parents and it cannot be said that the petitioner was unaware of the proceedings initiated for recovery of amounts due from his parents. 4. Learned counsel for the petitioner would submit that the total amount for which revenue recovery proceedings were held was Rs.82,185/and the petitioner may be given one chance to pay off the amount due to the Government and to the Toddy Workers' Welfare Fund Board. It is also submitted that the petitioner may be permitted to pay off amounts in some reasonable installments. It is also asserted that the land in question is still in the possession of the petitioner and other legal heirs of late Velayudhan and late Chinnamma Velayudhan. The learned Government Pleader and the learned Standing Counsel appearing for the Toddy Workers' Welfare Fund Board would submit that if this court were inclined to grant permission to the petitioner to pay off entire arrears, the same must be with interest upto the date of payment. W.P (C) Nos.3632/2013 & 5407/2016 -6- 5. Having heard the learned counsel for the petitioner, learned Government Pleader and learned Standing Counsel appearing for the Toddy Workers' Welfare Fund Board, I am of the view that this writ petition can be allowed with conditions. The property belonging to late parents of the petitioner was bought to sale under the provisions of the 'the 1968 Act' and since there were no bidders, the same was treated as bought in land by the Government under the provisions of Section 50 of 'the 1968 Act'. Though the learned Government Pleader may be right in contending that a portion of amount for which the property was brought to sale is the amount due to the Government, this court cannot ignore the fact that there were amounts due to the Toddy Workers' Welfare Fund Board also. In such circumstances applying the law laid down in _**Ayisha Teacher**_ (supra) before treating the land as bought in land under the provisions of Section 50 of 'the 1968 Act' the minimum requirement would have been that the Government issues notice to the Toddy Workers' Welfare Fund Board also. Such procedure does not appear to have been followed in this case. That apart the petitioner asserts that the property is still in the possession of the legal heirs of late Velayudhan and late Chinnamma Velayudhan and that they are willing to remit all the dues upto date with interest due thereon. Therefore this writ petition is W.P (C) Nos.3632/2013 & 5407/2016 -7- allowed. The sale of 40 cents of land in Sy No.199/7 of Kondoor village as bought in land under the provisions of Section 50 of the 1968 Act will stand set aside subject to the following conditions:- - (i) The petitioner will remit the entire amounts due to the Government towards abkari arrears together with applicable interest upto the date of payment in 6 equal monthly installments commencing from 15-062024. Subsequent installments shall be paid on or before 15[th] working day of succeeding months. - (ii) The petitioner shall pay off the amounts to the Toddy Workers' Welfare Fund Board towards arrears of Welfare Fund together with applicable interest upto the date of payment in 6 equal monthly installments commencing from 15-06-2024. Subsequent installments shall be paid on or before 15[th] working day of succeeding months - (iii) The petitioner shall produce a notarized affidavit of all the legal heirs of late Velayudhan and late Chinnamma Velayudhan before the 3[rd] respondent within a period of two weeks from the date of receipt of a certified copy of this judgment. The affidavit shall contain necessary averments to indicate that all the legal heirs are aware of the proceedings before this court and that they have no objection that the sale being set aside at the instance of the petitioner; W.P (C) Nos.3632/2013 & 5407/2016 -8- (iv) If the petitioner defaults in paying any amount as directed above, he will loose the benefit of this judgment. It is made clear that no further extension of time will be granted under any circumstances to make payments as directed above. It is also made clear that the concerned among the respondents shall intimate the amounts payable by the petitioner in terms of the directions contained in this judgment on the petitioner approaching them with a certified copy of this judgment. ## **W.P (C) No.5407/2016** This writ petition is filed by the brother-in-law of the petitioner in W.P (C) No.3632/2013. As noted above that writ petition was filed challenging the sale of the property of late parents of petitioner in that writ petition by way of proceedings under the Kerala Revenue Recovery Act, 1968. The property in question was treated as bought in land by the Government under Section 50 of the Kerala Revenue Recovery Act, 1968. Proceedings under the Kerala Land Conservancy Act were initiated against the petitioner herein on the ground that he had entered into property in question after it had been treated as bought in land by the Government and had cut down certain trees standing thereon. Through the judgment in W.P (C) No.3632/2013 I have permitted the petitioner therein to clear the arrears due to the Government and to the W.P (C) Nos.3632/2013 & 5407/2016 -9Toddy Workers Welfare Fund Board for which the revenue recovery proceedings were initiated. Considering the terms of the judgment in W.P (C) No.3632/2013, this writ petition is also disposed of directing that the Land Conservancy proceedings initiated against the petitioner herein will stand cancelled on the petitioner in W.P (C) No.3632/2013 clearing all the arrears due to the Government and to the Toddy Workers Welfare Fund Board as permitted in the judgment in that case. If such arrears are not cleared the proceedings against the petitioner under the Land Conservancy Act shall continue as the sale of the property has been set aside in the judgment W.P (C) No.3632/2013 only subject to compliance of the conditions. Writ petition is ordered accordingly. Sd/- **GOPINATH P. JUDGE** AMG W.P (C) Nos.3632/2013 & 5407/2016 -10- ## **APPENDIX OF WP(C) 3632/2013** ## **PETITIONER EXHIBITS** **EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 31.12.2012 ISSUED BY THE THAHASILDAR, MEENAHIL.** **EXHIBIT P2 TRUE COPY OF NOTICE DATED 25.01.1993 ISSUED BY THE 3RD RESPONDENT.** W.P (C) Nos.3632/2013 & 5407/2016 -11- ## **APPENDIX OF WP(C) 5407/2016** ## **PETITIONER EXHIBITS** **P1 : COPYP OF THE SALE DEED DTD.6.3.2004.** **P2 : COPY OF THE SALE DEED DTD.18.12.2003.** **P3 : COPY OF THE PROCEEDINGS DTD.30.9.2013 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.** **P4 : COPY OF THE DEMAND NOTICE DTD.28.11.2013.** **P5 : COPY OF THE INTERIM ORDER DTD.30.8.2013 IN WPC NO.3632/2013.**