IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 8844 of 2010(E) ------------------------------------- PETITIONER: ------------------- RARICHAN GEORGE, S/O.GEORGE, AGED 50 YEARS,RESIDING AT KUZHIKUTHIYANIYIL HOUSE, KANCHIYAR P.O., AYYAPPANCOVIL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. MR.JOICE GEORGE. RESPONDENTS: ------------------------ 1. THE CHIEF WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, OFFICE OF THE KERALA TODDY WORKERS WELFARE FUND BOARD, THIRUVANANTHAPURAM. 2. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, THODUPUZHA, THODUPUZHA P.O, IDUKKI DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 8844 OF 2010 ----------------------------------------------------------- Dated this the 17th March, 2010. JUDGMENT The petitioner is the licensee of Toddy Shop Nos: 1,2,3,4,5 and 6 of Peerumedu Excise Range for the year 2008-09 and toddy shop Nos: 4,5,7,8,9,10,11,14 and 19 of Kattappana Excise Range in Idukki district for the year 2005-10. The petitioner was vending toddy in the above shops during the period of his licence. He has also been regularly making advance contribution to the Toddy Workers Welfare Fund as contemplated by Section 8(A) of the Toddy Workers Welfare Fund Act, 1966. Though the petitioner has approached respondents 1 and 2 for determining the actual amount due to the Toddy Workers Welfare Fund Board, no orders have been passed. In the absence of determination orders, substantial amounts due and payable to the petitioner are remaining with respondents 1 and 2, by way of the excess payments made for the previous years. According to the petitioner if a final assessment is made in respect of his toddy shops substantial amounts would be found due and payable to him. However, the above assertion of the petitioner is disputed by the counsel for the respondents. WPC 8844/2010 2 2. As per Rule 5(3)(iii) of the Kerala Abkari Shops Disposal Rules 2002 the petitioner is entitled to get a clearance certificate if he remits 50% of the arrears pending as on the date of the sale notification of the shop. Though the petitioner has approached the respondents for remitting the amounts in compliance with the above provision, the respondents are alleged to be insisting on full payment being made. Therefore the petitioner seeks appropriate directions in this regard. The counsel for the respondents assures that the clearance certificate can be issued on the petitioner remitting 50% of the dues outstanding. 3. In the above circumstances this writ petition is disposed of directing the second respondent to issue the clearance certificate that is sought for, on the petitioner remitting 50% of the amounts outstanding due and payable by him as toddy workers welfare fund contribution so as to facilitate him to participate in the auction to be conducted as per the Kerala Abkari Shops Disposal Rules 2002. K. SURENDRA MOHAN Judge jj WPC 8844/2010 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: