IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 5764 of 2009(M) ------------------------- PETITIONER(S): ------------------ K.J.MATHEW, AGED 54, S/O.JOSEPH KARAYATHINAL, MELAMPARA, BHARANGANAM KOTTAYAM, KERALA. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP.BY SECRETARY MINISTRY OF EXCISE SECRETARIAT, TRIVANDRUM. 2. SECRETARY TO GOVT., TAXES(G), DEPARTMENT TRIVANDRUM. 3. WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, KOTTAYAM. 4. ASST.EXCISE COMMISSIONER, KOTTAYAM. 5. TAHSILDAR, MEENACHIL TALUK PALA, KOTTAYAM. 6. DEPUTY TAHSILDAR(RR), MEENACHIL TALUK, PALA, KOTTAYAM DT. ADV. SRI.K.D.BABU,SC, KTWWFB FOR R3 GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 5764 OF 2009 (M) ==================== Dated this the 2nd day of March, 2009 J U D G M E N T Petitioner is a defaulter for the amount due from an employer as defined under the provisions of the Kerala Toddy Workers Welfare Fund act. After several rounds of litigation, where the petitioner was unsuccessful in all, this writ petition is filed contending that he is entitled to the benefit of Ext.P4, the amnesty scheme announced by the Government of Kerala on 26/5/2008. 2. By Ext.P4 concessions have been announced in the matter of abkari dues for defaulters to settle the defaulted amounts availing of the benefit of a one time settlement scheme. Petitioner submits that in a larger sense, the expression abkari dues will also include the contribution payable under the Toddy Workers Welfare Fund Scheme, which also is payable by an abkari contractor. It is with that claim that the petitioner made an application which resulted in Ext.P6, where he was asked to make an application to the 3rd respondent. 3. It is stated that in pursuance to Ext.P6, Ext.P7 application was made. This writ petition was filed at a time when Ext.P9 notice of sale was issued where the usufructuous from a bought in land is proposed to be WPC 5764/09 :2 : sold by the respondents. Essentially therefore, it can be seen that what the petitioner claims is the benefit of Ext.P4. 4. Ext.P4 provides for concessions only in the mater of abkari dues which are those dues that are payable by an abkari contractor in terms of the provisions contained under the Abkari Act. The liability that is sought to be waived by the the petitioner is one arising under the Toddy Workers Welfare Fund Scheme, which by any stretch of imagination, cannot be characterised as abkari dues, which alone is covered by the Amnesty Scheme. Therefore, the claim is totally unsustainable and for that reason, I am not inclined to issue any direction in this matter. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp