IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2467 of 2010(G) ---------------------------------- PETITIONER(S): -------------------------- R.SUNDARESAN, S/O.RAMAN, USHAS, ALTHARAMMOODU, KADAKKAL VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR & REHABILITATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND, DISTRICT OFFICE, CHINNAKKADA, KOLLAM. 3. THE DEPUTY TAHASILDAR, REVENUE RECOVERY TALUK OFFICE, KOTTARAKKARA, KOLLAM. 4. THE VILLAGE OFFICER, KADAKKAL VILLAGE, KOTTARAKKARA, KOLLAM. 5. SRI.RAJESH, S/O.SASIDHARAN PILLAI, RAJEHSH MANDIRAM, UMMANNOOR, NELLIKUNNAM P.O., KOTTARAKKARA, KOLLAM. 6. SRI.OMANAKUTTAN PILLAI, S/O.JANARDHANAN PILLAI, KARTHIKA, THUNDATHALA, NELLIKUNNAM, VILANGARA, KOTTARAKKARA, KOLLAM. BY ADVS.SRI.BIJOY CHANDRAN, GOVERNMENT PLEADER FOR R1, R3 & R4 SRI.RENIL ANTO, STANDING COUNSEL FOR R2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ami P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No.2467 of 2010-G ------------------------------ Dated this the 27th day of January, 2010. J U D G M E N T Challenging the order passed by the second respondent determining the contribution payable by the petitioner under the relevant provisions of the Kerala Toddy Workers' Welfare Fund Act, the petitioner has preferred statutory appeal under Section 8(5) of the Act before Government, which is stated as pending. However, in view of the coercive steps being pursued in the meanwhile, the petitioner had also sought for an interim stay, which was granted by the first respondent as per Ext.P4 order, subject to the condition that the petitioner remitted 25% of the assessed amount within one month from the date of receipt of the order. 2. The learned counsel for the petitioner submits that the petitioner had approached the second respondent with the amount to satisfy the condition imposed by the Government/appellate authority vide Ext.P4. But the same was not accepted by the second respondent stating that they have already forwarded necessary requisition to the revenue authorities. This in turn was followed by W.P(C) No.2467 of 2010-G 2 Ext.P6 notice issued by the third and fourth respondents under the Revenue Recovery Act, which are sought to be intercepted by this Court. 3. Heard the learned Government Pleader appearing for the respondents 1, 3 and 4 and also the learned standing counsel, who entered appearance on behalf of the second respondent. In view of the nature of relief proposed to be given, this Court does not find it necessary to issue notice to the fifth and sixth respondents. 4. In the above facts and circumstances, the second respondent is directed to accept the payment to be tendered by the petitioner in compliance with Ext.P4, if the same is deposited within two weeks, subject to which, all further proceedings pursuant to Ext.P6 shall be kept in abeyance. Considering the submission made from the part of the petitioner that the statutory appeal preferred by the petitioner has already posted for hearing before the first respondent on 10.3.2010, there will be a direction to the first respondent to have the matter considered and finalized in accordance with law, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of the judgment. However, it is made clear that, if the petitioner satisfies the W.P(C) No.2467 of 2010-G 3 condition imposed by the Government while granting interim stay vide Ext.P4, the stay will continue till finalization of the appeal as above. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON JUDGE ab