Mother and children of the deceased defaulter challenged revenue recovery of arrears to the Motor Transport Workers Welfare Fund. The Court held writ petitions unnecessary as earlier judgment directed filing of claim petitions.
Petitions disposed leaving freedom to file claim petition under Section 46 of the RR Act before recovery authority.
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 HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
MONDAY, THE 3RD DECEMBER 2007 / 12TH AGRAHAYANA 1929
WP(C).No. 1045 of 2004(Y)
PETITIONER:
P.K. DEVI, KAKKANA HOUSE, PERUKANNA, KOZHIKODE.
BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
RESPONDENTS:
R1 BY ADV. SRI.P.RAMAKRISHNAN, SC,KMTWF BOARD R2 BY G.P. SMT. SMITHA SUKUMARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2007, ALONG WITH WPC NO. 34244 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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APPENDIX (WPC 1045/04)
PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OF THE PROCEEDINGS NO. K.DIS. 5194/91 DATED 18.9.91 ISSUED BY THE TAHSILDAR, KOZHIKODE.
EXT.P2 TRUE COPY OF THE DEMAND NOTICE NO. DR 88/03-04 DATED 7.11.2003 ISSUED BY THE 2ND RESPONDENT.
EXT.P3 TRUE COPY OF THE DEMAND NOTICE NO. DR 89/03-04/KMT DATED 7.11.2003 ISSUED BY THE 2ND RESPONDENT.
EXT.P4 TRUE COPY OF THE DEMAND NOTICE NO. DR 90/03-04/KMT DATED 7.11.2003 ISSUED BY THE 2ND RESPONDENT.
EXT.P5 TRUE COPY OF THE DEMAND NOTICE NO. DR 91/03-04/KMT. DSATED 7.11.2003 ISSUED BY THE 2ND RESPONDENT.
EXT.P5(a) TRUE COPY OF THE REPRESENTATION DATED 26.11.2003 FILED BY THE PETITIONER BEFORE THE RESPONDENTS.
RESPONDENTS' EXHIBITS: NIL.
TRUE COPY
P.S. TO JUDGE.
C.N. RAMACHANDRAN NAIR, J.
W.P.C. NOs.1045/04 & 34244/05
Dated this the 3rd day of December, 2007
JUDGMENT
Petitioners who are the widow and children of the defaulter are challenging the revenue recovery proceedings for recovery of arrears of motor transport workers welfare fund contribution due from the defaulter who was carrying on stage carriage operation. Standing counsel submitted that liability pertains to three stage carriages pertaining to different periods. If the petitioners had any grievance against the final determination orders, it was for the petitioners to have collected the orders and filed appeals against the same, as the defaulter is no more and petitioners are the legal heirs. It is seen that in the very same matter O.P.No. 21824 of 1997 and WPC 1045 of 2004 were filed by the petitioner and this Court directed the petitioners to file claim petition before the recovery authorities so that their self-acquired properties are not proceeded against. In fact, the present Writ Petitions are unnecessary because in the judgment dated 10.12.1997 in OP No. 21824 of 1997 this Court gave freedom to the petitioners to make claim
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petition before the Tahsildar. Recovery has to be necessarily against the property of the defaulter, whether inherited by the petitioners and other legal heirs or not. W.Ps. are accordingly disposed of leaving freedom to the petitioners to file claim petition under Section 46 of the RR Act before the recovery authority. If they prove that any property proceeded against is that of their personal property and not devolved upon, transferred or inherited by them from the defaulter, such property will be excluded. Recovery authority will proceed to sell the property only after disposal of the claim petition filed by the petitioners or any other legal heir.
(C.N. RAMACHANDRAN NAIR) Judge
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2 issues framed by the court
Whether writ petitions filed by legal heirs to stop recovery of arrears from devolved property are maintainable when earlier orders already directed filing of claim petitions.
Whether recovery authorities must treat proceedings against inherited property as sharing with other legal heirs before sale.
P.K. Devi
Kerala Motor Transport Workers Welfare Fund Board
Special Deputy Tahsildar (Arrears Collection)
C.N. Ramachandran Nair
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
