The petitioner was a licensee of a toddy shop. Assessment orders were passed under the Kerala Toddy Workers Welfare Fund Act assessing contributions due from the petitioner in respect of the employees of the toddy shop. Petitioner filed an appeal and in the appeal, it was found that the petitioner is liable to pay only the 1/3rd of the contributions demanded and the first respondent was directed to re-fix the liability of the petitioner accordingly. Despite the same, the first respondent did not recall the revenue recovery proceedings initiated for recovery earlier, and sale notice was issued to the petitioner for sale of petitioner's property for recovery. The petitioner filed an original petition, challenging the said notice. This Court stayed the same and directed re-fixation of liability. Liability was re-fixed as per which the amounts to be paid by the petitioner will not exceed W.P.C.NO.13138of 2008 2 Rs.10,000/-. The petitioner submits that as a condition for stay at the time of filing appeal, the petitioner had already paid Rs.10,000/-. In the meanwhile, the property was sold in revenue auction and since there were no bidders, the Government purchased property of the petitioner for Re.1/-. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs:
"i. Issue a writ of certiorari or any other appropriate writ, order or direction, quashing Exhibit P6 proceedings of 3rd respondent and to re- convey the property to the petitioner.
ii. Issue a declaration that the sale conducted by the respondents are illegal and unlawful and in violation of Exhibit P6 judgment and the respondents are liable to be prosecuted for the contempt of court."
The matter was heard elaborately on 19.06.2012. After hearing both sides I passed the following order which is self explanatory:
"In this writ petition the petitioner has approached this Court with the complaint that despite an appellate order reducing the petitioner's liability under the Kerala Toddy Workers' Welfare Fund Act, for the whole amount originally demanded by the assessing authority, the property belonging to the petitioner has been sold in revenue auction and purchased by the State for Re.1/-. The petitioner seeks reconveyance of the property.
2. A counter affidavit has been filed by the 1st respondent, wherein it is pointed out that apart from the amounts due as per the appellate order, the petitioner was a defaulter in payment of contributions under the Act in respect of some other toddy shops, for which also, he was a licensee, which fact has not been disclosed by W.P.C.NO.13138of 2008 3 the petitioner in the writ petition. It is submitted that the revenue recovery proceedings under challenge include those amounts also. When it was pointed out to the learned counsel for the petitioner that the petitioner has not disclosed the entire facts in the writ petition and therefore the petitioner has not approached this Court with clean hands disentitling him for the discretionary relief under Article 226 of the Constitution of India, the counsel submits that a lenient view may be taken and the petitioner may be permitted to pay off the entire dues of the petitioner with upto date interest and the respondents may be directed to reconvey the property to the petitioner. In view of the said submission, the learned Government Pleader shall ascertain the exact up to date amount due from the petitioner."
Today the Learned Govt. Pleader submits that as on 18.06.2012, the amount due from the petitioner is Rs.1,40,565/-. The Counsel for the petitioner submits that the petitioner is prepared to pay that amount for reconveyance of the property to the petitioner. Accordingly, this writ petition is disposed of as follows.
On the petitioner paying Rs.1,40,565/- with further interest from 19.06.2012 till date of payment within one month from today, the respondents 2 to 5 shall reconvey the property of the petitioner at the expense of the petitioner as expeditiously as possible at any rate within three months from the date of receipt of the amount. If the petitioner does not pay the amount, within one month as directed above the W.P.C.NO.13138of 2008 4 petitioner will not be entitled to the benefit of this judgment, in which case the respondents are free to deal with the property in question as they please.
Sd/-
S.SIRI JAGAN, JUDGE //TRUE COPY// P.A TO JUDGE DG