IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 WP(C).No. 23836 of 2009(Y) -------------------------- PETITIONER(S): --------------- 1. MINOSH, S/O.PAVITHRAN, PUTHIYEDATH HOUSE, MALYANKARA KARA, MOOTHAKUNNAM P.O PARAVUR TALUK, ERNAKULAM DISTRICT. 2. FRANCIS, S/O.CHEEKKU, KUNNATHOOR HOUSE, PUTHENVELIKKARA KARA, PUTHENVELIKKARA P.O., PARAVUR TALUK, ERNAKULAM DISTRICT. 3. SHYAM, S/O.BALAKRISHNAN, KULANGARA HOUSE, MALYANKARA KARA, MOOTHAKUNNAM P.O. PARAVUR TALUK, ERNAKULAM DISTRICT. 4. SIVAN, S/O.BHASKARAN, KOMARASSERY HOUSE, PATTANAM, VADAKKEKARA P.O. PARAVUR TALUK, ERNAKULAM DISTRICT. 5. BIJU, S/O.KUTTAN, KALATHITHARA HOUSE, MALYANKARA KARA, MOOTHAKUNNAM P.O., PARAVUR TALUK, ERNAKULAM DISTRICT. 6. VISWANADHAN, S/O.KRISHNAN, PUTHOORUPARAMBU HOUSE, PATTANAM, VADAKKEKARA P.O., PARAVUR TALUK, ERNAKULAM DISTRICT. 7. SAJEESH, S/O.HARIHARAN, THACHERI HOUSE, PUTHENVELIKKARA KARA, PUTHENVELIKKARA P.O., PARAVUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): --------------- THE WELFARE FUND INSPECTOR-II, KERALA TODDY WORKERS WELFARE FUND BOARD, ERNAKULAM. ADV. SRI.KOSHY GEORGE,SC,KTWWFB,(TODDY WORKE FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 23836/09. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE FINAL DETERMINATION ORDER DTD.5.12.08. P2. -DO- 16.12.08. P3. -DO- P4. -DO- P5. COPY OF THE PETITION DTD.12.8.09 BY P1. P6. -DO- P2. P7. -DO- P3. P8. -DO- P4. P9. -DO- P5. P10. -DO- P6. P11. -DO- P7. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.23836 of 2009 ================== Dated this the 30th day of October, 2009 J U D G M E N T The petitioners are licensees of toddy shops in group Nos. I to VII in Aluva Excise Range for the abkari year 2009-2010. The petitioners have been paying advance contributions under the Toddy Workers' Welfare Fund Act, which, according to the petitioners, are far in excess of the amounts actually due from them. Therefore, the petitioners wanted the respondent to reduce the rate of advance contributions fixed in accordance with the final determination orders passed for the year. But the petitioners' request in this regard has not been favourably considered by the respondent. Therefore, the petitioners have filed this writ petition seeking the following reliefs: “i) declare that the petitioners are entitled to get the re-fixation of the advance contribution by the respondent on the basis of the latest final determination orders, Exts.P to P4, in respect of the toddy shops of the petitioners as per Section 8A of the Kerala Toddy Workers Welfare Fund Act 1969. ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondent to consider and pass orders on Exts.P5 to P11 at the earliest:” As is clear from the reliefs, one of the main prayers of the petitioners is to direct the respondent to consider and pass orders on Exts.P5 to P11 at the earliest. The learned standing counsel appearing for the respondent submits that Exts.P5 to P11 have been disposed of granting substantial benefits to the petitioners. In the above circumstances, the petitioners remedy lies in either challenging the orders passed on Exts.P5 to P11 or to accept the same. Accordingly, the writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2