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2009 Supreme(Online)(KER) 1286

HIGH COURT OF KERALA
J.B. KOSHY, ACJ, V.GIRI, J
THE STATE OF KERALA – Appellant
Versus
MATHEW – Respondent


Advocates:
SRI. MOHAMMED RAFIQ; SRI.K.M.VARGHESE

JUDGMENT

K oshy, Ag.C.J.

Revenue recovery steps were taken under the Kerala Revenue Recovery Act against the first respondent (petitioner) for the kist arrears and contribution to the Abkari Workers Welfare Fund. The property was notified as per Ext.P1. In the absence of bidders, it was bid in favour of Government for nominal value of 10 paise. In the counter affidavit it is stated that there is no dues as far as Toddy Workers Welfare Fund is concerned since the entire arrears was cleared and a certificate has been issued to that effect. It is also submitted that the entire kist arrears was also paid. Learned Government Pleader submitted that since the bid was confirmed in favour of the Government. in case the petitioner wants to get back the property, he has to remit the market value as per the provisions in GO(Ms)No.196/96/RD dated 23.3.96, produced as Annexure A. Learned single Judge pointed out that in case the petitioner has cleared the entire dues, there is no point in putting the valuable property for sale. Government has taken recovery action only for realising the money due to it. Putting valuable property for sale at W.A.1941/2006 2

10 paise is a shame to a welfare Governmen

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