This judgment dismisses a Writ Appeal filed by a petitioner against orders detaining his father in civil prison for defaulting on Toddy Workers Welfare Fund contributions. The High Court held that the recovery orders were legitimate and rejected the appeal.
Writ Appeal rejected; orders of the learned Single Judge upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU &
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 16TH JULY 2007 / 25TH ASHADHA 1929
WA.No. 1663 of 2007
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( AGAINST THE JUDGEMENT IN OP.16391/1998 Dated 28/09/2006 )
APPELLANT/PETITIONER
R.SURESH, RESIDING AT RAMESH BHAVAN, KAKKATHODE, PARA, ELAPULLY P.O., PALAKKAD.
BY ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.SUNIL J.CHAKKALACKAL
RESPONDENTS/RESPONDENTS
BY SENIOR GOVERNMENT PLEADER SMT. R. MEERA.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
H.L. DATTU, C.J. & K.T. SANKARAN, J.
W.A. No. 1663 OF 2007
................................................................................... Dated this the 16th July, 2007
J U D G M E N T
H.L. Dattu, C.J.:
Appellant's father was arrested and detained in a civil prison for the default in payment of Toddy Workers Welfare Fund contribution, in respect of three toddy shops run by the defaulter (father of the appellant) on behalf of the contract. Ext.P3 order of arrest and detention was for a period of six months and by Ext.P5 order, it was suo motu extended by another six months.
W.A. No. 1663 OF 2007
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payment of Toddy Workers Welfare Fund contribution in respect of three toddy shops run by him. Since in spite of the demands made by the respondents, the arrears of amount payable by him in respect of three toddy shops, had not been paid, there was an order for arresting and detaining the appellant's father in a civil prison . Initially, that was for a period of six months and thereafter, it was extended by another six months.
Ordered accordingly.
CHIEF JUSTICE.
K.T. SANKARAN, JUDGE.
lk/dk.
W.A. No. 1663 OF 2007
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2 issues framed by the court
Whether the learned Single Judge's orders directing payment of Toddy Workers Welfare Fund arrears and detaining the father of the appellant in civil prison can be impugned.
Whether the High Court should interfere with the orders passed by the learned Single Judge in O.P. 16391/1998.
1 provisions across 1 enactments
R. Suresh
The District Collector, Palakkad
The Tahsildar (Revenue Recovery), Palakkad
H.L. Dattu
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
