Kerala High Court
Bijimol Shaji vs District Collector on 11 March, 2020
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 11TH DAY OF MARCH 2020 / 21ST PHALGUNA, 1941
WP(C).No.35805 OF 2018(A)
PETITIONERS :
1 BIJIMOL SHAJI, AGED 45 YEARS,
W/O. LATE SHAJI THOMAS, ANJILIMOOTTIL HOUSE,
ALPHONSA NAGAR, THANKAMANI P.O.,
IDUKKI - 685 609.
2 STINIYA SHAJI, AGED 20 YEARS,
D/O LATE SHAJI THOMAS, ANJILIMOOTTIL HOUSE,
ALPHONSA NAGAR, THANKAMANI P.O.,IDUKKI 685 609.
BY ADVS.
SRI.SUJITH MATHEW JOSE
SMT.SINDHU RAVISHANKAR
RESPONDENTS :
1 DISTRICT COLLECTOR, IDUKKI
PAINAVU, IDUKKI DISTRICT - 685 603.
2 TAHASILDAR (RR),
IDUKKI TALUK, IDUKKI DISTRICT 685 603.
3 THE WELFARE FUND INSPECTOR,(IDUKKI DISTRICT),
KERALA TODDY WORKERS WELFARE FUND BOARD,
THODUPUZHA, IDUKKI-685 584.
R2 BY GOVERNMENT PLEADER
R3 BY SRI.KOSHY GEORGE, SC, KERALA TODDY WORKERS
WELFARE FUND BOARD
SRI KOSHY GEORGE SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.35805 OF 2018(A) 2
JUDGMENT
The petitioners herein are the wife and daughter respectively of Sri. Joseph Thomas @ Shaji Thomas Anjilimoottil. Sri. Shaji Thomas was one of the licensees of Toddy shops in Admali, Kattappana, Peerumedu and Idukki ranges during the period from 1996 to 1997. An assessment order under Section 8 of the Kerala Toddy Workers Welfare Fund Act was passed against him on 21.01.1998. Since he failed to remit the contributions, revenue recovery proceedings were initiated against him. While so, Shaji Thomas committed suicide on 06.08.2009 and this fact is evident from Ext.P1 Death Certificate. The petitioners assert that they have not inherited any properties of Shaji Thomas as he had alienated the same while he was alive. However, the respondents have initiated steps to realise the amount from the property of the 1 st petitioner, which was settled in her name by her father. It is also contended that the proceedings initiated against them are barred by limitation and reliance is placed on a decision of the Apex Court in State of Kerala v. Kalliyanikutty1 and also of this Court in Rajendran Nair Vs. State of 1 [1999 (2) KLT 146] WP(C).No.35805 OF 2018(A) 3 Kerala2. They have therefore sought for the following reliefs.
i) Issue a writ of Certiorari calling for the records leading to Exts.P2 to P10, and quash the same.
ii) Declare that the revenue recovery proceedings in respect of amount due to the 1st respondent-Board, now sought to be proceeded against the petitioners are beyond the prescribed period of limitation.
iii) Such other writ, order or direction, that this Hon'ble Court may deem fit to grant in the interest of justice.
2. The 3rd respondent has filed a counter affidavit refuting the contentions. It is submitted that, initially, revenue recovery proceedings were initiated against Sri. Shaji Thomas and when it was revealed that he was no more, fresh proceedings were initiated against the legal heirs.
3. This Court, by order dated 27.02.2019, directed the Government Pleader to get instructions and to report whether the property which is being proceeded against is the property inherited by the petitioner from Sri. Shaji Thomas, as his legal heirs. The Tahsildar, Revenue Recovery, Idukki has filed a statement wherein it is stated that the 1st petitioner, Smt. Bijimol Shaji, is the Pattadar of 00.71.50 hectare of land comprised in Sy. No.491, Block No.40 of Thankamany Village and the same was acquired as per LA Proceedings 60/2013 dated 26.02.2013. It is further stated that, as per the Land Register, 2 [2014 (4) KLT 625] WP(C).No.35805 OF 2018(A) 4 Sri.Thomas Kallukaran, who is none other than the father of the first petitioner herein, was in possession of the above land from year 1977. From the statement filed by the Tahsildar, it is evident that the property which is now being proceeded against has not been inherited by the 1 st petitioner from the defaulter. Only if the legal heirs have inherited any properties or if any property has been left behind by the defaulter, can the same be proceeded against for realization of the dues.
The petitioners are therefore entitled to succeed. This petition will stand allowed and Exts.P2 to P10 will stand quashed. However, it is made clear that the respondents may proceed against the assets left behind by Shaji Thomas and left in the hands of the legal heirs, if any.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE NS WP(C).No.35805 OF 2018(A) 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE DATED 30.9.2009.
EXHIBIT P2 TRUE COPY OF THE SECTION 7 DEMAND NOTICE NO.4622/06 DATED 25.9.2018. EXHIBIT P2(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P2 EXHIBIT P3 TRUE COPY OF THE SECTION 34 DEMAND NOTICE NO.4622/06 DATED 25.9.2018. EXHIBIT P3(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P3 EXHIBIT P4 TRUE COPY OF THE SECTION 7 DEMAND NOTICE NO.4624/06 DATED 25.9.2018. EXHIBIT P4(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P4 EXHIBIT P5 TRUE COPY OF THE SECTION 34 DEMAND NOTICE NO.4624/06 DATED 25.9.2018 EXHIBIT P5(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P5 EXHIBIT P6 TRUE COPY OF THE SECTION 7 DEMAND NOTICE NO.4626/06 DATED 25.9.2018. EXHIBIT P6(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P6 EXHIBIT P7 TRUE COPY OF THE SECTION 34 DEMAND NOTICE NO.4626/06 DATED 25.9.2018 EXHIBIT P7(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P7 EXHIBIT P8 TRUE COPY OF THE SECTION 7 DEMAND NOTICE NO.4628/06 DATED 25.9.2018 EXHIBIT P8(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P8 EXHIBIT P9 TRUE COPY OF THE SECTION 34 DEMAND NOTICE NO 4628/06 DATED 25.9.2018 EXHIBIT P9(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P9 WP(C).No.35805 OF 2018(A) 6 EXHIBIT P10 TRUE COPY OF THE SECTION 34 DEMAND NOTICE NO.4486/06 DATED 25.9.2018 EXHIBIT P10(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P10 EXHIBIT P11 TRUE COPY OF THE AADHAAR CARD OF THE 1ST PETITIONER.
EXHIBIT P12 TRUE COPY OF THE PATTA ASSIGNED TO THE 1ST PETITIONER.
RESPONDENT'S/S EXHIBITS:
EXHIBIT-R2(a) TRUE COPY OF THE CERTIFICATE OF ASSIGNMENT ISSUED TO THE PETITIONER.
ANNEXURE I PHOTOSTAT COPY OF DETERMINATION ORDER NO.B2/ADI/35-47/96-97 DATED 21.01.99 OF 3RD RESPONDENT WITH ENGLISH TRANSLATION.
ANNEXURE II PHOTOSTAT COPY OF ACKNOWLEDGMENT CARD.
ANENXURE III TRUE COPY OF LEGAL HEIRS CERTIFICATE DATED 14.11.2016 ISSUED BY TAHSILDAR, TALUK OFFICE, IDUKKI WITH ENGLISH TRANSLATION.
ANNEXURE IV TRUE COPY OF REVENUE RECOVERY CERTIFICATE DATED 10.7.1996.
ANNEXURE V TRUE COPY OF REVENUE RECOVERY CERTIFICATE DATED 11.7.1996.
ANNEXURE VI TRUE COPY OF REVENUE RECOVERY CERTIFICATE DATED 11.12.1996.
ANNEXURE VII TRUE COPY OF REVENUE RECOVERY CERTIFICATE DATED 29.4.1997.
ANNEXURE VIII TRUE COPY OF REVENUE RECOVERY CERTIFICATE DATED 2-5-1997.