IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 35908 of 2009(G) -------------------------- PETITIONER(S): --------------- P. BALACHANDRAN, S/O. PURUSHOTHAMAN, ANIKATTU VEEDU, KALLUMTHAZHAM, KILIKOLLUR.P.O, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SMT.P.S.PREETHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND, DISTRICT OFFICE, CHINNAKKADA, KOLLAM. 3. THE DEPUTY TAHSILDAR, REVENUE RECOVERY TALUK OFFICE, KOLLAM. 4. THE VILLAGE OFFICER, KILIKOLLUR VILLAGE, KOLLAM. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN ADV.SRI. RENIL ANTO,SC,KTWWF BOARD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. ------------------------------ W.P.(C).No.35908 OF 2009 ------------------------------ Dated this the 14th day of December, 2009 J U D G M E N T ---------------------- 1. Challenge in this writ petition is against proceedings initiated for realisation of contributions due to the Kerala Toddy Workers Welfare Fund. Ext.P10 is a letter issued by the 2nd respondent from which it is evident that contributions payable by the petitioner with respect to the year 2000-01 was determined through an order dt.30.10.08. Ext.P2 & P3 are notices issued under the provisions of Kerala Revenue Recovery Act for realisation of the amounts so determined. Since the petitioner has not filed any statutory appeal against the order of determination, which was issued more than one year back, I am not inclined to entertain any dispute against the said order. 2. According to the petitioner the huge liability which is now sought to be recovered includes a major portion of penal interest charged on the principal amount of contributions payable. It is evident from Ext.P1 that the amount of contribution determined through order dt.30.10.2008 is Rs.92,443/- only. It is further evident that the petitioner had remitted a sum of Rs.25,943/- and the balance principal amount W.P.(C).35908/09-G 2 outstanding is Rs.66500/- only. It is stated in Ext.P1 that an amount of Rs.1,10,872/- is due towards interest. It is stated that the petitioner had already approached the 1st respondent in Ext.P4 representation, seeking waiver of interest under the scheme which is alleged to have been introduced by the Government. Standing counsel appearing for the 2nd respondent submitted that there is no scheme as such introduced. But it is admitted that several representations for waiver of interest in identical situations are pending consideration before the Government. It is also noticed that this court had already issued directions in identical situations for consideration of the requests made for waiver of interest. 3. Having considered the above situation, I am of the opinion that the writ petition can be disposed of directing the petitioner to remit the balance amount demanded, less the amount of interest within a reasonable time and by directing the 1st respondent to consider and take a decision on Ext.P4 representation seeking waiver of interest. 4. In the result the writ petition is disposed of directing the petitioner to make payment of an amount of Rs.66,500/- being the balance due towards principal amount of contribution, in 3 (three) equal monthly installments starting on or before W.P.(C).35908/09-G 3 31.12.2009 and on or before the last day of two succeeding months. The 1st respondent is directed to consider Ext.P4 and to pass appropriate orders thereon as early as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. 5. The respondents are directed to keep in abeyance coercive steps of recovery initiated pursuant to Ext.P2 & P3 notices, if the petitioner complies with the above directions and makes payment of the principal amount as directed above. Needless to say that recovery of the portion of interest under demand will depend on outcome of the decision which will be taken by the 1st respondent on the basis of Ext.P4 representation. C.K.ABDUL REHIM, JUDGE. okb