P VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court for a direction to the 2nd respondent to return an extent of 10 acres of property situated in Sholayur Village in Sy.No.1474/2, which had been taken over as bought-in land on 25.10.2000, after accepting Rs.5,81,000/- towards the Abkari Workers Welfare Fund dues. Heard Senior Advocate Smt. Sumathi Dandapani instructed by Advocate Sri Millu Dandapani on behalf of the petitioner, Sri Mohammed Anzar K.J. Special Government Pleader (Revenue) on behalf of respondents 1 and 2 and the Standing Counsel for the 3rd respondent.

(2.) The petitioner had been involved in abkari business. He had incurred dues towards Abkari Workers Welfare Fund during the year 1995-96 to the tune of Rs.1,37,088/- as can be seen from Ext.P2 information received by the petitioner from the Taluk Office, Mannarkkad. On an allegation that the petitioner was also liable to the Sales Tax Department to the tune of Rs.1,71,062/- with interest, the respondents had invoked revenue recovery proceedings. The proceedings culminated in sale of 10 Acres of property belonging to the petitioner. Since there were no sufficient bidders, the property was taken over as a bought-in land on 25.10.2000. The auction sale procedure was completed on 20.03.2001. The petitioner had approached the authorities on 16.6.2001 requesting for return of the bought-in land. However, no further steps appears to have been taken for quite a long time. On 01.10.2011, the respondents issued Ext.P3 Government order wherein it was ordered that, if the petitioner pays the amounts due towards sales tax, Abkari Workers Welfare Fund, the interest due till date and the collection charges and other expenses, the bought-in land can be returned to the petitioner. On receipt of Ext.P3, the petitioner approached the authorities for details of the amounts due. The Public Information Officer and Tahsildar attached to the Taluk Office, Mannarkkad, by Ext.P2 dated 23.4.2012, informed the petitioner that the principal amount and interest due towards the Abkari Workers Welfare Fund was Rs.1,37,088/- and Rs.3,37,452/- respectively and that the principal amount and interest due towards the sale tax was Rs.1,71,062/- and Rs.4,90,157/- in the Mannarkkad Division and Rs.85,292/- and Rs.4,265/- in the Ottappalam Division respectively. Ext.P2 also shows that a sum of more than Rs.2 lakhs was due towards further interest. According to the petitioner, the amounts shown in Ext.P2 were not correct.

(3.) The Welfare Fund Inspector of the Kerala Abkari Workers Welfare Fund Board had by Ext.P1 letter dated 27.9.2016 informed the petitioner that the amount due towards the fund as on that date was Rs.10,18,087/-. The petitioner requested the authorities to inform the correct amount, since according to him the amounts stated in Ext.P1 was also wrong. Thereafter by Ext.P5 letter dated 04. 11.2016, the Welfare Fund Inspector informed the petitioner that the amount due towards the fund along with interest was only Rs.5,54,045/-.