IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 14146 of 2009(K) -------------------------- PETITIONER(S): --------------- ICE SELLERS SANNADHA SANGHAM, NEENDAKARA FISHING HARBOUR, NEENDAKARA P.O., KOLLAM-691 582, REP. BY ITS SECRETARY. BY ADV. SRI.ALEX N.MATHEW (KOLLAM) SRI.H.RAMANAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF FISHERIES, SECRETARIAT, THIRUVANANTHAPURAM. 2. ASSESSING OFFICER, OFFICE OF DY.DIRECTOR OF FISHERIES, KOLLAM. ADDL.R3 3. FISHERMEN'S WELFARE FUND BOARD (suo motu Impleaded as Addl.R3.) BY GP SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).14146/2009 -------------------- Dated this the 10th day of June, 2009 JUDGMENT I heard learned counsel on both sides. Fishermen's Welfare Fund Board is impleaded as additional 3rd respondent. Mr.Asok Cherian appears for the additional 3rd respondent. 2. Petitioner has been assessed to cess under the Kerala Fishermen's and allied Workers' Welfare Cess Act, 2007. According to the petitioner, it is not liable to be assessed for cess, as it is not an allied worker or otherwise liable to pay cess. I am not inclined to consider the petitioner's contentions on merits, as the petitioner has an efficacious alternate remedy under the Statute, by way of an appeal under Section 13 of the Act. This position is affirmed by Mr.Asok Cherian, learned Standing Counsel also. 3. In the circumstances, writ petition is disposed W.P.(C).14146/2009 2 of relegating the petitioner to avail an efficacious alternate remedy available under the Statute. If an appeal is preferred within one month from today, it shall be treated as preferred within time and the appellate authority shall take appropriate decision thereon. V.GIRI, Judge mrcs