AJIKUMAR Vs. DISTRICT COLLECTOR PATHANAMTHITTA

JUDGEMENT

(1.) The writ petition is filed challenging Exts.P5 and P6 notices issued under Sections 7 and 34 of the Revenue Recovery Act, for recovery of an amount of Rs.1,00,000/- due from late Sreedharan; father of the first petitioner and husband of the second petitioner. By Ext.P1 judgment, Sreedharan was convicted for the offence punishable under Section 55 (a) of the Abkari Act and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,00,000/- and in default, to undergo simple imprisonment for six months. Aggrieved by the conviction and sentence, Sreedharan filed Crl.A.No.484 of 2003 before this Court, which culminated in Ext.P2 judgment dated 17.6.2009, confirming the conviction and modifying the sentence to simple imprisonment for three months, fine of Rs.1,00,000/- and default sentence of one month. Sreedharan died on 13.7.2009. Exts.P5 and P6 notices were issued thereafter, seeking to recover the fine amount, if necessary, by bringing Sreedharan's properties to sale.

(2.) Heard Sri.Liju V. Stephen, learned Counsel for the petitioners and Smt. Raji T. Bhasker, learned Government Pleader.

(3.) The interesting and challenging question arising for consideration in this writ petition is the right, if any, of the State to realise the fine component of the sentence imposed on late Sreedharan from his property, which devolved upon the petitioners as per the registered Settlement Deed dated 26.12.1995 executed in favour of the second petitioner and Exts.P3 and P4 Sale Deeds dated 24.6.2006, in favour of the first petitioner.