W.A. No.2428 of 2005. Case: Inspector, Toddy Workers Welfare Fund Board Vs Vijayan. High Court of Kerala (India)
| Case Number | W.A. No.2428 of 2005 |
| Counsel | K.Harilal, Koshy George, V.J.Joseph, M.C.John, K.Meera |
| Judges | J. B. Koshy, A.C.J. & V. Giri, J. |
| Issue | Kerala Toddy Workers Welfare Fund Act, 1969 - Section 9; Kerala Revenue Recovery Act, 1968 - Section 2(a); Limitation Act, 1963 - Articles 112, 113 |
| Citation | 2009 (1) KLT 410 |
| Judgement Date | January 12, 2009 |
| Court | High Court of Kerala (India) |
Judgment:
V. Giri, J.
The first respondent in Writ Petition No.4976/1996 is the appellant herein. Writ Petition was filed challenging Ext.P1 notice of demand issued by the Welfare Fund Inspector and Ext.P3 notice of attachment issued under the Revenue Recovery Act. The principal ground of challenge in the Writ Petition was that the recovery of amounts due from the writ petitioner was barred under Art.113 of the Limitation Act, 1963. Learned single Judge proceeded to hold that the demand made was beyond three years from the date on which the amounts fell due and that therefore, it was time barred. Consequently on the ground that the recovery is barred by limitation, the impugned demands were quashed, it is aggrieved thereby that the present appeal has been filed.
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Writ petitioner was a contractor of Toddy Shop No.46 of Mamala Range for the year 1987-1988. Advance contribution had to be remitted under the Toddy Workers Welfare Fund Act. It seems that some amounts were paid. But the entire amounts were not remitted. On 10.11.1995, petitioner received a notice of demand for an amount of Rs.20, 344+interest and collection charges stating that the amounts due from the petitioner under the Toddy Workers Welfare Fund Act was originally determined as per order dated 10.4.1989, that the petitioner remitted an amount of Rs.9, 468/- alone and that the balance amount of Rs.20, 344/- was due. According to the petitioner, the demand made under Ext.P1 followed by Ext.P3 attachment notice under the Revenue Recovery Act, was barred by limitation. It was contended that if the amounts fell due by an order of determination passed on 10.4.1989, then recovery should have been effected within three years from the said date, under Art. 113 of the Limitation Act, 1963, that since it was not done, the recovery has become barred by limitation. This contention was accepted by the learned Judge and the Writ Petition was allowed. The Inspector of the Welfare Fund Board challenges the same.
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We heard learned counsel on either side.
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Learned counsel for the appellant contended that the view taken by the learned single Judge that the debt has become time barred is unsustainable. That the learned single Judge should have found that in terms of S.9 of the Toddy Workers Welfare Fund Act, the amounts due under the Act assumes the character of public revenue due on land. Consequently it is liable to be treated as dues to the Government. Longer period...
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W.P. (C) No. 28458 of 2008. Case: Siddique Vs Tahsildar. High Court of Kerala (India)
...Act. Counsel also relied on another Division Bench judgment of this Court in Inspector, Toddy Workers Welfare Fund Board v. Vijayan (2009 (1) KLT 410), where also similar view was 6. However, having considered the submissions made, I am unable to accept the contention of the learned counsel......
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WP (C). No. 28558 of 2013 (T). Case: M.G. Raveendran Nair Vs The State of Kerala. High Court of Kerala (India)
... ... consumers of the Kerala State Electricity Board that the proceedings initiated against them for ... the correctness of the judgment in Inspector, Toddy W.W.F. Board v. Vijayan (2009 (1) KLT ... The writ petitions and WA No. 1848/12 were considered by a Division Bench, ... 's case (supra) arose under the Toddy Workers Welfare Fund Act, 1969. Considering Section 9 of ... that the proceedings initiated in the year 2005, evidenced by Exts. P1 and P3, would not be ... ...
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W.P. (C) No. 28458 of 2008. Case: Siddique Vs Tahsildar. High Court of Kerala (India)
...Act. Counsel also relied on another Division Bench judgment of this Court in Inspector, Toddy Workers Welfare Fund Board v. Vijayan (2009 (1) KLT 410), where also similar view was 6. However, having considered the submissions made, I am unable to accept the contention of the learned counsel......
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WP (C). No. 28558 of 2013 (T). Case: M.G. Raveendran Nair Vs The State of Kerala. High Court of Kerala (India)
... ... consumers of the Kerala State Electricity Board that the proceedings initiated against them for ... the correctness of the judgment in Inspector, Toddy W.W.F. Board v. Vijayan (2009 (1) KLT ... The writ petitions and WA No. 1848/12 were considered by a Division Bench, ... 's case (supra) arose under the Toddy Workers Welfare Fund Act, 1969. Considering Section 9 of ... that the proceedings initiated in the year 2005, evidenced by Exts. P1 and P3, would not be ... ...