Raju Mathew v. the State of Kerala
Case brief
What is this about?
A writ petition challenged a revenue recovery demand raised in 2018 for excess payments drawn by the petitioner while officiating with the Head Load Workers Welfare Board during 1998-2002. Relying on State of Kerala v. Y R Kalyanikutty, the court held recovery proceedings under the Revenue Recovery Act are subject to the Limitation Act and the three-year period under Article 113 had expired.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 21427 OF 2018
PETITIONER:
RAJU MATHEW RESIDING AT CHALAKUZHY AVENUE, KALLEKKAD P.O.,PALAKKAD-678 006.
BY ADVS. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN
RESPONDENTS:
- 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY LABOUR DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.
- 2 THE CHIEF EXECUTIVE KERALA HEAD LOAD WORKERS WELFARE BOARD
Issues for consideration
1 issue framed by the court
Whether revenue recovery proceedings initiated in 2018 for dues arising from excess payments drawn in 1998-2002 are barred by limitation under Article 113 of the Limitation Act?
Parties & counsel
- petitioner
Raju Mathew
- respondent
The State of Kerala represented by its Secretary Labour Department
- respondent
The Chief Executive Kerala Head Load Workers Welfare Board
- respondent
The Chairman Kerala Head Load Workers Welfare Board Palakkad District Committee
- respondent
The Deputy Tahasildar Revenue Recovery, Palakkad Taluk
Case details
As recorded by the court registry
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