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2014 Supreme(Ker) 603

M. G. Raveendran Nair – Appellant
Versus
State of Kerala Represented by the Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner:N.J. Mathews, Advocate.
For the Respondents:R3-R5, Raju Joseph, Senior Advocate, K.T. Paulose, SC, KSEB, S. Jamal, Government Pleader, Jaice Jacob, SC, Kerala State Electricity Board.

JUDGMENT

ANTONY DOMINIC, J.

1. Contention of the consumers of the Kerala State Electricity Board that the proceedings initiated against them for recovery of the amounts are in respect of debts, the recovery of which is barred by the law of limitation, has given rise to the writ appeal and writ petitions.

2. When W.P. (C) Nos. 17300 of 2013 and 28558 of 2013 came up before the learned single Judge, doubting the correctness of the judgment in Inspector, Toddy W.W.F. Board vs. Vijayan, 2009 (1) KLT 410, these cases were referred to a Division Bench. The writ petitions and W.A. No. 1848 of 2012 were considered by a Division Bench, which, by its order dated 18th of July, 2014 agreed that the judgment in Vijayan's case (supra) required reconsideration. It is accordingly that these cases are coming up for consideration of the Full Bench.

3. Vijayan's case (supra) arose under the Toddy Workers Welfare Fund Act, 1969. Considering Section 9 of the said Act and the provisions of the Kerala Revenue Recovery Act, a Division Bench of this Court held that the amounts due under the Toddy Workers Welfare Fund Act is public revenue due and that 30 years provided under Article 112 of the Limitation
























































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