AJIKUMAR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Instant Writ Appeal is directed against the judgment of the learned Single Judge in W.P.(C) No.6458/2010, by the writ petitioner.

(2.) The writ petition was dismissed by the learned Single Judge holding that, the appellants are not entitled to secure the following reliefs as is sought for in the writ petition.

(3.) Brief material facts for the disposal of the writ appeal are as follows; as per Ext.P1 judgment dated 31.1.2003 in Session Case No.63/2019, one Sreedharan was convicted for the offence punishable under section 55(a) of the Abkari Act (Act 1 of 1077), and sentenced to undergo rigorous imprisonment for one year, and to pay a fine of Rs.1 lakh and in default, to undergo simple imprisonment for six months. Criminal Appeal No.484/2003 preferred before this Court by the accused culminated in Ext.P2 judgment dated 17.6.2009, affirming the conviction, however, modifying the sentence to simple imprisonment for three months and fine of Rs.1 lakh with default sentence for a period of one month. Sreedharan died on 13.7.2009. Thereupon Exts.P5 & P6 notices dated 10.2.2009 and 16.2.2010 respectively, were issued against the legal heirs under sections 7 & 34 of the Kerala Revenue Recovery Act to recover the fine amount of Rs.1 lakh with other charges, which was the subject matter of challenge in the writ petition.