LAWS(KER)-2011-10-49

PURUSHOTHAMAN K N Vs. INSPECTOR THODUPUZHA

Decided On October 27, 2011
PURUSHOTHAMAN K. N. Appellant
V/S
INSPECTOR, THODUPUZHA Respondents

JUDGEMENT

(1.) The petitioner is challenging the Revenue Recovery Proceedings against the properties owned by the petitioner seeking to realise a sum of ' 34,666/- allegedly due from the petitioner under the Kerala Toddy Workers' Welfare Fund Act, in respect of the engagement of the employees during the year 1992-93.

(2.) The case of the petitioner is that he was never a licensee of any toddy shops in question, but was only a 'daily wage earner' working under the 5th respondent, who was the licensee of four toddy shops in Muvattupuzha Range. In spite of the actual facts and figures, the petitioner was quite shockingly served with Ext. P3 demand notice by the respondents demanding a sum of ' 34,666/- stated as due to be satisfied for the period from 07/07/1992 to 31/03/1993. It is stated that the petitioner, though rushed to the concerned respondent, it did not turn to be fruitful and hence approached this Court by filing the Original Petition; wherein an interim order was passed intercepting the coercive proceedings.

(3.) A counter - affidavit has been filed on behalf of the 3rd respondent, i.e. the Revenue Authorities, stating that the Revenue Recovery Proceedings were initiated pursuant to a letter bearing No. B1-22770/01 / K dated 21/05/2001 of the District Collector. But nowhere in the said counter - affidavit, has been stated that the petitioner is liable to satisfy the same by virtue of his position as a licensee to the toddy shops in question, nor is there any denial as to the specific averment raised by the petitioner in paragraph 3 of the Original Petition that he was never the licensee, but only a daily - rated employee of the 5th respondent. So also, no counter - affidavit has been filed by the 1st respondent, at whose instance the Revenue Recovery Proceedings have been initiated and pursued by the other respondents. No final determination order or any other proceeding to fasten the petitioner with the liability to satisfy the amount allegedly due from him is produced before this Court. No counter - affidavit has been filed by the 1st respondent.