IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST FEBRUARY 2011 / 2ND PHALGUNA 1932 WP(C).No. 5301 of 2011(K) ------------------------- PETITIONER(S): --------------- P.P.RAVI, AGED 47 YEARS, S/O. PADMANABHAN, PUTHENPURAKKAL, 12TH MILE, VALARA P.O., IDUKKI DISTRICT. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SMT.PREEJA. P.VIJAYAN RESPONDENT(S): --------------- THE WELFARE FUND INSPECTOR, TODDY WORKERS WELFARE FUND BOARD, THODUPUZHA, IDUKKI DISTRICT-685 584. BY SC SRI.RENSIL ANTO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.5301 of 2011 ------------------------------- Dated this the 21st day of February, 2011 J U D G M E N T The main payer in this writ petition is to quash Exts.P4 and P5 final determination orders passed by the respondent. It is stated that though the orders were passed on 13.9.2010, copies thereof were communicated to the petitioner only on 28.1.2011. Under section 8(5) of the Kerala Toddy Workers Welfare Fund Act, an appeal lies from Exts.P4 and P5 orders to the State Government. The period of limitation prescribed for filing the appeal is 60 days from the date of receipt of the order. In such circumstances, as the petitioner has got a meaningful and effective remedy by way of appeal and as the period of limitation has not expired, I am of the opinion that he should pursue the said remedy instead of seeking the intervention of this Court at this stage. The petitioner has got a further grievance regarding the adjustment of excess amount paid by him towards the amount demanded in Exts.P4 and P5. Relying on Exts.P2 and P3, it is contended that as on today, the petitioner has remitted the amount of Rs.1,31,109/- and Rs.68,997/- in excess of the contribution payable by him, and therefore, he is entitled to have the said amount adjusted towards the amount demanded in Exts.P4 and P5. The petitioner W.P.(C) No.5301 of 2011 2 further contends that though he is bound to pay interest for belated payment, no interest is given to the excess amount paid by him, and therefore, the respondent ought to have adjusted the amounts mentioned in Exts.P2 and P3 while passing determination orders. In my opinion, this is also a matter which the appellate authority, viz., the Government, can advert to while disposing of the appeal from Exts.P4 and P5 orders. In such circumstances, I find no grounds to entertain the writ petition. The writ petition fails and it is accordingly dismissed leaving open the contentions of the petitioner and reserving liberty with him to challenge Exts.P4 and P5 in other appropriate proceedings. In order to enable the petitioner to move the Government for stay of recovery, Exts.P4 and P5 shall be kept in abeyance for a period of one month. The Government shall on the petitioner filing an appeal accompanied by a petition for stay pass appropriate orders on the stay petition, having due regard to the fact that amounts are due to the petitioner, expeditiously and in any event within one week from the date on which the appeal and the stay petition are filed. P.N. RAVINDRAN, JUDGE. nj.