JUDGEMENT
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(1.)Writ Appeal No. 356 of 2001 is filed by the District Collector and two other Officers against the order dated 15.1.2001 passed by the learned single Judge in CMP No. 2576 of 2001 in CMP No. 59154 of 2000 in OP No. 34593 of 2000. Writ Appeal No. 461 of 2001 is also filed by the same appellants against the order dated 19.1.2001 passed by the learned single Judge in CMP No. 2576 of 2001 in CMP No. 59154 of 2000 in OP No. 34593 of 2000.
(2.)Writ Petition was filed by the first respondent in the appeals seeking writ of certiorari to quash Ext. P2 notice of attachment dated 20.10.1998 in respect of 2.41acres of land in survey number 68/3, 4, 5 of Karimpuzha village for realisation of an amount of Rs. 2,96,721/- being arrears towards toddy workers welfare fund. She has also challenged Ext. P3 notice of attachment dated 7.11.1998 issued by the Tahsildar, Ottappalam for realisation of Rs. 9,22,729/- towards abkari dues. She has also challenged Ext. P4 proceeding dated 23.12.1998 initiated by the Tahsildar, Ottappalam for recovery of an amount of Rs. 12, 26,538/- towards abkari dues as well as amount due to toddy workers welfare fund. Notice dated 22.11.2000 issued by the Tahsildar, Ottapalam was also challenged in the Writ Petition. Direction was also sought for to consider Ext. P7 and pass appropriate orders. Writ of mandamus was also sought for directing the revenue authorities to proceed against respondents 4 and 5 therein for realisation of the welfare fund as well as abkari dues. Writ Petition was admitted on 12.12.2000 and the learned single Judge passed an interim order on the same day in CMP No. 59154 of 2000 as follows:
"Urgent notice.
Further proceedings pursuant to Ext. P6 as against the petitioner will stand stayed on condition that petitioner pays an amount of Rs. 5 lakhs within a period of one month. In the meanwhile, the second respondent will pursue the possibilities for recovering the amounts that are due from the fourth and fifth respondents as well.
Post for further orders on 22.1.2001"
First respondent then filed CMP No. 2576 of 2001 in CMP No. 59154 of 2000 in OP No. 34593 of 2000 to enlarge the time for making the payment. It was stated in the affidavit filed in support of the petition that she had approached the Tahsildar and offered to pay Rs. 1 lakh but the Tahsildar refused to accept the same. Consequently she wanted extension of time to pay the balance of Rs. 4 lakhs. The learned single Judge on 15.1.2001 passed the following order:
"Taking note of the averments in the affidavit, I direct that time granted for payment as per order on CMP No. 59154 of 2000 is extended upto 16.2.2001. The balance stated to be payable is Rupees four lakhs. Petitioner should pay rupees one lakh before 25th January 2001. On such payment, the articles that have been attached from the property may be released and the petitioner will be permitted to occupy the building subject to final orders that are to be passed in this O. P."
Against the above interim order W.A. No. 356 of 2001 was filed by the appellants. On 22.1.2001 a Division Bench of this Court passed the following order.
"It is unfortunate that the petitioner did not make any reference to her earlier approach to this court by filing OP No. 1201 of 1999 and obtaining order of stay of recovery of the amounts due from her from the year 1997 onwards. There is also no reference made to the order of stay obtained from the Government during the pendency of OP No. 1201 of 1999.
When the Writ Appeal came up for admission the learned counsel appearing on behalf of the Writ Petitioner pointed out that after the impugned order learned single Judge had passed another order on 19.1.2001 and the matter is posted to 25.1.2001. The learned Government Pleader submits that steps are being taken to challenge the interim order passed on 19.1.2001 also."
(3.)We notice the first respondent - writ petitioner filed CMP No. 2576 of 2001 seeking direction to enlarge the time for remitting Rs. 4 lakhs by another month, pursuant to order dated 12.12.2000 in CMP No. 59154 of 2000 in OP No. 34583 of 2000. Learned single Judge on 19.1.2001 passed the following order:
"An order had been passed on 15.1.2001 directing that if the petitioner makes a deposit of Rs. 1 lakh before 25th January, 2001, the articles that have been attached from the property was to be released and the petitioner was to be permitted to occupy the building subject to further orders passed. Adv. Sri. M. C. John counsel for the petitioner submitted that the order has not been complied so far. An affidavit has been filed by the Tahsildar concerned on 18.1.2001. He has referred to earlier proceedings in the matter. However, the matter could be decided only after a detailed examination. Respondents should also see that orders as on 15.1.2001 are obeyed by the parties, if petitioner comply with the directions. Post for further orders on 25.1.2001."
Against the above interim order, District Collector and others filed W.A. No. 461 of 2001. The appeal was admitted by this Court on 1.2.2001. In CMP No. 987 of 2001 the Division Bench passed the following order:
"Mr. M. C. John takes notice for first respondent. Sri K.K. Babu takes notice for fourth respondent. Notice to respondents 2 and 3. Interim stay as prayed for."
We notice against the order dated 1.2.2001 in CMP No. 987 of 2001 in W.A. No. 461 of 2001 and the order dated 1.2.2001 in CMP No. 766 of 2001 in WA No. 356 of 2001, first respondent filed SLP (C) Nos. 2959-2960/2001 before the Supreme Court. Supreme Court by order dated 26.2.2001 dismissed both the Special Leave Petitions. On 7.3.2001, the Division Bench made the stay absolute.
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