IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 10233 of 2008(R) ------------------------------------- PETITIONER: --------------------- V.B.RAJESH, VANDANNOOR HOUSE, THALANADU, SALESMAN, T.S.NO.39,THALANADU,KOTTYAM DISTRICT. BY ADV. SRI.P.BABU KUMAR RESPONDENTS: ----------------------- 1. JOBY AUGUSTINE,EDAKKARA HOUSE, EZHACHERY P.O., MEENACHIL TALUK. 2. JOSE GEORGE, KUNNEL HOUSE, VELLIKULAM, THEEKOI, MEENACHIL TALUK. 3. ANIL KUMAR K.P., KOSAPPALLY HOUSE, VYALA, ILAKKADU,MEENACHIL TALUK. 4. M.T.SURESH, MANATHANATHU HOUSE, KAIPPALLY, POONJAR, THEKKEKKARA VILLAGE. 5. ASSISTANT EXCISE COMMISIONER, EXCISE OFFICE,KOTTAYAM. 6. DISTRICT COLLECTOR,COLLECTORATE, KOTTAYAM. 7. EXCISE CIRCLE INSPECTOR, EXCISE CIRCLE OFFICE, PALA. 8. TODDY WORKER'S WELFARE FUND INSPECTOR, WELFARE FUND INSPECTOR'S OFFICE,KOTTAYAM. 9. EXCISE COMMISSIONER, EXCISE COMMISSIONER'S OFFICE,THIRUVANANTHAPURAM. 10. STATE OF KERALA REP. BY THE CHIEF SECRETARY,SECRETRIAT, THIRUVANANTPAURAM. R8 BY ADV. SRI.K.D.BABU,SC,KTWWFB(TODDY WORKERS WEL FARE FUND) R6 & R10 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.10233 of 2008-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of March, 2008. JUDGMENT 1.Heard the learned counsel for the petitioner, the learned Senior Government Pleader and the learned standing counsel for the Toddy Workers' Welfare Fund Board. 2.The petitioner claims that he is a beneficiary of the Toddy Workers' Welfare Fund. I am not impressed by his contention that the private respondents ought to be visited with the liability for cancellation of licence for the Abkari year 2007-08 because, even if the terms of the grant provide certain amounts for cancellation of licence, it is for the Government to decide whether the licence should be cancelled. It does not confer a duty to cancel except under exceptional circumstances. At any rate, it cannot be had at the behest of the petitioner. All that the petitioner, who is not a WP(C)10233/08 -: 2 :- rival applying for licence for the abkari year 2008-09, could aspire is that he be given benefits, if any, that is due to him from the Kerala Toddy Workers' Welfare Fund. The obligation of the Fund to enforce contributions of amounts due to it is a different matter. There is nothing to show that the Welfare Fund is not discharging its functions and responsibilities in terms of the statute. 3.Under the aforesaid circumstances, this writ petition is disposed of directing that if the petitioner makes proper application before the Toddy Workers' Welfare Fund, any benefits due to him in accordance with law shall be considered and benefits issued, if available. Let that be done within an outer limit of two months from the date of receipt of any application of the petitioner along with a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/260308