Disposed

P. Mohandas v. the Deputy Tahsildar (Revenue Recovery)

Kerala HC5 Jan 2024WP(C)/346/2024

Case brief

AI extract

What is this about?

In WP(C) No. 346 of 2024, the Kerala High Court granted the petitioner (a Govt. Contractor) ten equal monthly instalments to pay a Workmen Compensation award of Rs. 5.27 lakhs and 12% interest, with coercion proceedings stayed pending compliance. Default would resume recovery.

What did the court decide?

Allowed payment of the liability in ten equal monthly instalments commencing 15.02.2024 and stayed all coercive proceedings pending such payment.

P. Mohandas Vs the Deputy Tahsildar (Revenue Recovery) — Service and Employment | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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FRIDAY, THE 5TH DAY OF JANUARY 2024 / 15TH POUSHA, 1945
WP(C) NO. 346 OF 2024

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PETITIONER/S:

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P. MOHANDAS
AGED 62 YEARS
S/O. VASUDEVAN, RESIDING AT AMBADY HOUSE, PO. CHEVAYUR,
KOZHIKODE, PIN - 673012
BY ADVS.
V.V.SURENDRAN
P.A.HARISH
DONA PAUL
DIVIN V.VIJAYAN

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RESPONDENT/S:

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1THE DEPUTY TAHSILDAR (REVENUE RECOVERY),
OFFICE OF THE DEPUTY COLLECTOR (REVENUE RECOVERY)
COLLECTORATE, PO. CIVIL STATION, KOZHIKODE, PIN -
673020
2THE INDUSTRIAL TRIBUNAL, KOZHIKODE
OFFICE OF THE INDUSTRIAL TRIBUNAL, KOZHIKODE,
COLLECTORATE BUILDING, P.O. CIVIL STATION, KOZHIKODE,
PIN - 673020
SRI. DHEERAJ A.S., GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 346 OF 2024 2

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JUDGMENT

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The petitioner is a Government Contractor. The petitioner

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has been found liable to pay certain amounts under the Workmen Compensation Act by the Industrial Tribunal, Kozhikode. The amount awarded was Rs.5,27,800/- (Rupees Five lakhs twenty seven thousand and eight hundred only) along with 12% interest per annum, which was payable to the legal representatives of the deceased workman. Since the petitioner has not paid the amounts due under the award, revenue recovery proceedings have been initiated to recover the amounts due under the award.

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Learned counsel appearing for the petitioner would submit that the petitioner does not dispute the liability and he is only seeking some instalments to pay the amount.

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Heard the learned Government Pleader also.

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Having heard the learned counsel appearing for the petitioner and the learned Government Pleader and considering the fact that the petitioner is not disputing the liability and only seeks reasonable instalments to pay the amounts due from him, I am of the view that the writ petition can be disposed of, permitting the petitioner to clear the liability (including any

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WP(C) NO. 346 OF 2024 3

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revenue recovery charges) in ten equal monthly instalments, commencing from 15.02.2024 together with any accrued interest. The subsequent instalments shall be paid on or before the 15^th day of every succeeding months till the entire amounts are paid. If the petitioner defaults any of the instalments as directed above, it will be open to the respondents to continue with the revenue recovery proceedings initiated against the petitioner. In order to enable the petitioner to pay the entire amounts, all coercive proceedings shall be kept in abeyance, if the petitioner complies with the terms on which he has been permitted to clear the liability.

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The writ petition is disposed of as above.

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Sd/-

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GOPINATH P.

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JUDGE

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ajt

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WP(C) NO. 346 OF 2024 4

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APPENDIX OF WP(C) 346/2024

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PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE NOTICE DATED 01.04.2022
ISSUED BY THE 1ST RESPONDENT UNDER SECTION 7
OF THE REVENUE RECOVERY ACT
Exhibit P2A TRUE COPY OF THE NOTICE DATED 01.04.2022
UNDER SECTION 34 OF THE REVENUE RECOVERY ACT
Exhibit P3A TRUE COPY OF THE MEMORANDUM DATED
18.12.2023 BY THE PETITIONER TO THE
HONOURABLE MINISTER FOR REVENUE
Exhibit P4A TRUE COPY OF THE RECEIPT ISSUED TO THE
PETITIONER FROM THE OFFICE OF THE HONOURABLE
MINISTER DATED 27.12.2023

P. Mohandas v. the Deputy Tahsildar (Revenue Recovery)

Case brief

What is this about?

What did the court decide?

P. Mohandas v. the Deputy Tahsildar (Revenue Recovery)

Case brief

What is this about?

What did the court decide?

What the court decided

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