IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 10564 of 2005(G) ------------------------------------------ PETITIONER(S): -------------------------- K.K.PARAMESWARAN, PROPRIETOR, GOPIKA REGENCY, VARAPUZHA, ERNAKULAM. BY ADV. SRI.VAKKOM N.VIJAYAN SMT.VINITHA PRASANNAN SRI.P.ANIYAN SMT.REENA.C.STEPHENSON SRI.A.S.SACHIN RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE EXCISE COMMISSIONER, TRIVANDRUM. 2. THE KERALA TODDY WORKERS WELFARE FUND BOARD, REPRESENTED BY THE WELFARE FUND INSPECTOR, ERNAKULAM. 3. THE TAHSILDAR, NORTH PARAVOOR, ERNAKULAM. 4. THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM EXCISE DIVISION, ERNAKULAM. GOVERNMENT PLEADER SRI. MOHAMMED ANZAR FOR R1,R3&R4 ADV. SRI.K.HARILAL, SC, KTWWF BOARD FOR R2 SRI.KOSHY GEORGE,SC,KTWWFB,(TODDY WORKE FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10564/2005 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF INTIMATION DTD. 23/05/2002 RECEIVED BY SRI.C.K.RAMAKRISHNAN FROM THE OFFICE OF THE REVENUE MINISTER. EXT.P2: COPY OF CERTIFICATE DTD. 3/12/2003 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF HOTEL (RESTAURANT)LICENCE NO.FL3 NO. 127/04-05 DTD. 24/05/04. EXT.P4: COPY OF COMMUNICATION DTD. 22/03/2005 FROM THE PETITIONER TO THE TAHSILDAR, N.PARUR. EXT.P5: COPY OF LETTER DTD. 26/03/2005 VIDE C1-03/02-03/TWWP. FROM THE VILLAGE OFFICER, VARAPUZHA. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.10564 of 2005 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT The writ petition is filed with the following prayers:- i) to issue a writ of certiorari or other appropriate writ direction or order calling for records leading to Ext.P5 and quashing the same. ii) to issue a writ of mandamus or other appropriate writ, direction or order commanding the 3rd respondent to issue the non-liability certificate to the petitioner enabling him to get the FL-3 No.127/04-05 licence renewed for the year 2005-2006. Learned Standing Counsel for the second respondent Board submits that there is still outstanding arrears. There will be a direction to the second respondent to furnish a detailed statement of accounts to the petitioner within a period of two months from today and thereafter in case the petitioner has still any dispute on the same it will be open to him to point out the same before the second respondent in which case the second respondent shall give an opportunity to the petitioner to verify the accounts and thereafter the second respondent shall pass fresh orders, if required, within another one month. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.10564 of 2005 ----------------------------------- JUDGMENT 29th October, 2008