IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 W.P(C).No. 25407 of 2008(Y) -------------------------- PETITIONER: ------------ SAJEEV, S/O.SRINIVASAN, AGED 37, NEDUMPARAMBIL HOUSE, MALA, PALLIPURAM DESOM, POYYA VILLAGE. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. ASST.EXCISE COMMISSIONER, THRISSUR. 3. TODDY WORKERS WELFARE FUND BOARD, REPRESENTED BY WELFARE FUND INSPECTOR, THRISSUR. BY SRI. RENIL ANTO,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.25407 of 2008 ================== Dated this the 22nd day of August, 2008. J U D G M E N T The petitioner was a licensee of toddy shops in Anthikkad Range. According to him, he has remitted advance contributions to the Toddy Workers Welfare Fund far in case of the amounts actually due from him. He would submit that the excess amounts so paid are to be adjusted against further amounts due for the months of May, June and July this year in respect of petitioner's toddy shops in the Vadanappally range. The petitioner therefore seeks the following reliefs: i) issue appropriate writ or order or directing the 2nd respondent to refund the amount deposited by the petitioner in respect of Anthikkad Range for the year 2007-2008 towards advance deposit of wages of employees in that range after deducting amounts if any due from the petitioner. ii) issue appropriate writ or order or directing the 3rd respondent to refund the excess amount deposited by the petitioner towards the contribution in respect of Anthikkad Range for the year 2007-2008 or in the alternative to adjust or carry forward the excess amount deposited by the petitioner to the amount to be paid by the petitioner in respect of the contribution for the year 2008-2009 in Vadanappally range after finalizing the accounts of the petitioner for the year 2007-2008.” 2. The learned Standing Counsel appearing for the 3rd respondent would submit that the Abkari year for which advance contributions were made by the petitioner was over W.P(C)No.25407 of 2008 - 2 - only in March 2008 and the 3rd respondent would require some more time to pass final determination order, after which only the liability of the petitioner can be decided finally. 3. Having heard both sides, I dispose of this writ petition with the following directions: The 3rd respondent shall pass final determination order in respect of the petitioner's toddy shops in the Anthikkad range for the year 2007-2008, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. If on passing final determination order any amounts are liable to be refunded to the petitioner, the same shall be adjusted against the advance contributions in respect of the petitioner's toddy shops in, Vadanappally range. S.SIRI JAGAN, JUDGE rhs