IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 6745 of 2011(P) ------------------------- PETITIONER(S): --------------- ANTONY JOSEPH, PATTASSERY HOUSE, SOUTH ARYAD, AVALUKUNNU P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR AND REHABILITATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT TODDY WORKERS WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, ALAPPUZHA. BY ADV. SRI.KOSHY GEORGE,SC,KTWWFB,(TODDY WORKE FOR R2) BY GOVT. PLEADER SRI. BASANT BALAJI FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.6745 of 2011 ----------------------------------------- Dated this the 8th March, 2011 JUDGMENT The petitioner is the licensee of toddy shops in Group No.I of Kuttanad Excise Range. The petitioner claims that he is entitled to preference under rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002 for allotment of toddy shops in the year 2011-12, if he produces a clearance certificate from the second respondent in terms of rule 5(3)(iii) of the said rules. In this writ petition the petitioner seeks a direction to the second respondent to issue a clearance certificate to enable him to participate in the sale of the right to run toddy shops during the ensuing year 2011-2012. 2. I heard Sri.N.Raghuraj, learned counsel appearing for the petitioner, Sri.Basant Balaji, learned Government Pleader appearing for the first respondent and Sri.Koshy George, learned standing counsel appearing for the second respondent. Shorn of details what the petitioner seeks is the benefit of rule 5(3)(iii) of the Kerala Abkari Shops Disposal Rules 2002 which stipulates that no applicant shall be eligible for the privilege of any group of W.P(C) NO.6745/2011 -:2:- toddy shops if he is a defaulter of abkari arrears, sales tax or any other arrears due to the Kerala Toddy Workers Welfare Fund or the Kerala Abkari Workers Welfare Fund unless he produces from the Circle Inspector of Excise, Sales Tax Officer, the Authority of the said Welfare Fund Board or any other officer authroised in this behalf, as the case may be, a certificate to the effect that no dues are outstanding against him or that he has remitted before the date of sale, 50% of the arrears pending against him as on the date of the sale notification. In such circumstances I dispose of the writ petition with a direction that in the event of the petitioner submitting an appropriate representation before the second respondent requesting for a clearance certificate and expressing willingness to remit 50% of the amount due from him, the second respondent shall issue a chalan in the prescribed form to the petitioner so as to enable him to remit 50% of the amount due from him. Upon such payment being made and proof being produced, the second respondent shall, within three days from the date of production of the proof of payment of 50% of the amount due from him, issue a clearance certificate in the prescribed form, if any, to the W.P(C) NO.6745/2011 -:3:- petitioner. It is clarified that the issuance of the clearance certificate will not result in discharge of the petitioner for the remaining 50% of the amount demanded. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.6745 of 2011 ---------------------------- JUDGMENT 8th March, 2011