Kerala High Court
B. Vinod vs Vizhinjam International Sea Port Ltd on 18 September, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:69827
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 18TH DAY OF SEPTEMBER 2025 / 27TH BHADRA, 1947
WP(C) NO. 36069 OF 2024
PETITIONER:
B. VINOD
AGED 54 YEARS
S/O. BALAKRISHNAN (L),
PONNUMKULAM HOUSE, PARASUVAKKAL PO,
PARASALAI, THIRUVANANTHAPURAM., PIN - 695508
BY ADVS.
SRI.K.B.PRADEEP
SMT.SRADHA MOHAN
SMT.KSHEMA ELIZABETH SAMUEL
RESPONDENTS:
1 VIZHINJAM INTERNATIONAL SEA PORT LTD
REP. BY ITS MANGING DIRECTOR 9 TH FLOOR,
KSRTC BUS TERMINAL COMPLEX THAMPANOOR,
THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT COLLECTOR
THIRUVANANTHAPURAM, KUDAPANAKUNNA PO,
THIRUVANANTHAPURAM., PIN - 695043
ADDL R3 KERALA ABKARI WORKERS WELFARE FUND BOARD
P.H. RD, CHALAI BAZAAR, CHALAI,
THIRUVANANTHAPURAM, KERALA-695036
REPRESENTED BY ITS SECRETARY
2025:KER:69827
WP(C) No.36069 of 2024
2
[ADDL R3 IS IMPLEADED AS PER ORDER DATED
18.09.2025 IN IA NO.3/2025 IN WPC
NO.36069/2024]
BY ADVS.
SRI. S. KRISHNA MOORTHY, STANDING COUNSEL
SRI. VIPIN P. VARGHESE
SRI.RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:69827
WP(C) No.36069 of 2024
3
JUDGMENT
Dated this the 18th day of September, 2025 The petitioner is the Power of Attorney Holder of the surety of the licensee, who obtained licence for conduct of Neyattinkara Group II, Vizhinjam Toddy Shop for the year 1995-1996. The licensee had paid the entire kist. But, unfortunately due to the Vizhinjam riots, the shop had to be closed for a long period.
2. All amounts due to the Government including sales tax dues and money due to the KAWWF Fund stands fully discharged. The property which was offered as surety was acquired by the 1st respondent and the compensation due to the petitioner was retained by the 1st respondent, citing that the dues to the Government are yet to be paid by the petitioner.
2025:KER:69827 WP(C) No.36069 of 2024 4
3. As per Ext.P3 order, the petitioner has been duly relieved from all the dues and there are no revenue recovery proceedings pending against the petitioner. The petitioner submitted a request before the 1st respondent for release of money. By Ext.P4 reply, the 1st respondent stated that until an order has been obtained from Court, the amount cannot be disbursed to the petitioner, which is retained by them in Fixed Deposits.
4. I have heard the learned counsel for the petitioner, respective learned Standing Counsel representing the 1st respondent and the additional 3rd respondent and the learned Government Pleader appearing for the 2nd respondent.
5. It is evident from the pleadings and arguments that ₹50 lakhs out of the compensation amount payable to the petitioner was directed to be retained by the 1 st 2025:KER:69827 WP(C) No.36069 of 2024 5 respondent for the reason that abkari dues were payable to the Government. Counsel for the petitioner submits that all those dues have been cleared.
6. The Government Pleader, on instructions, submitted that a further amount of ₹3,35,544/- is due to the additional 3rd respondent towards interest payable in respect of the earlier dues.
7. The counsel for the petitioner submits that the said amount has also been paid today morning to the Tahsildar (Revenue Recovery), Neyyattinkara by way of Demand Draft and a receipt has been issued. In the afore circumstances, since no more amounts are due from the petitioner to the respondents, the amount in deposit which otherwise the petitioner is entitled to, can be released.
In the circumstances of the case, the writ petition is disposed of directing that if the petitioner produces the receipt 2025:KER:69827 WP(C) No.36069 of 2024 6 for payment of ₹3,35,544/- issued by the Tahsildar (Revenue Recovery) before the 1st respondent, the 1st respondent shall release the amount due to the petitioner in deposit along with accrued interest up to date after obtaining necessary receipts. It is made clear that if it is found that further revenue recovery charges are due to the Tahsildar, the petitioner shall be liable to make good the said amount. The amount shall be disbursed within a period of two weeks from the date of production of the receipt.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:69827 WP(C) No.36069 of 2024 7 APPENDIX OF WP(C) 36069/2024 PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE ORDER WITH REF NO. T5.9124/1995 DATED 21.10.2023 BY DEPUTY EXCISE COMMISSIONER, THIRUVANANTHAPURAM Exhibit P2 THE TRUE COPY OF THE STATEMENT BY REVENUE RECOVERY TAHSILDAR STATING THE SAME DATED 29.04.2024 Exhibit P3 THE TRUE COPY OF THE LETTER DATED NIL BEFORE THE 1 ST RESPONDENT FOR RELEASE OF THE MONEY WHICH IS NATURALLY BELONGING TO HIM IN THE LAST WEEK OF MAY, 2024.
Exhibit P4 THE TRUE COPY OF THE REPLY LETTER BY 1
ST RESPONDENT WITH REF NO:
VISL/71/2024-ALM/391 DATED 02.08.2024