CHELLAMMA Vs. DISTRICT COLLECTOR ERNAKULAM

JUDGEMENT

(1.) THE petitioner is confronted with steps under the Revenue Recovery Act, allegedly for realisation of the amounts stated as due from the fourth respondent under the Kerala Toddy Workers' Welfare Fund Act/Scheme.

(2.) THE case of the petitioner is that, the petitioner is the absolute owner of the property covered by Exts.P1 and P2, upon which the 4th respondent (son of the petitioner), does not have any right or interest in any manner. According to the petitioner, the 4th respondent was only a toddy tapper, who was in no way liable to effect any contribution under the relevant provisions of the Act. Be that as it may, the petitioner can never be called upon to satisfy the liability on behalf of the 4th respondent, in so far as the petitioner is no way connected with the affairs of the 4th respondent.

(3.) AFTER hearing both the sides, this Court finds that no fact adjudication needs to be made by this Court invoking the discretionary jurisdiction. The writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P3, in accordance with law, after giving an opportunity of hearing to the petitioner and others concerned, including the 5th respondent. The proceedings as above shall be finalised, as expeditiously as possible, at any rate within 'two months' from the date of receipt of a copy of this judgment. Subject to this, recovery proceedings shall be kept in abeyance till such time.