IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 9162 of 2008(N) ------------------------------------------ PETITIONER: -------------------- K.G.AJIMON ,AGED 35 S/O. GOPALAN, KANDATHILPARAMBIL HOUSE KOLANI KARA, KARINKUNNAM VILLAGE, THODUPUZHA. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENTS: ------------------------ 1. THE SECRETARY TO GOVERNMENT EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT LABOUR AND REHABILITATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. CHIEF WELFARE FUND INSPECTOR KERALA TODDY WELFARE FUND BOARD THIRUVANANTHAPURAM. 4. TODDY WORKERS WELFARE FUND INSPECTOR THOUDUPUZHA, IDUKKI DISTRICT BY GP.SMT. ANU SIVARAMAN SC. SRI. RENIL ANTO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 9162 OF 2008 - N = = = = = = = = = = = = = = = = = Dated this the 18th day of March, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T Respondents are represented through the senior Government Pleader and respective standing counsel. 2. Heard. 3. Petitioner has sought for a license under the Abkari Laws for the coming abkari year. He is entitled to a clearance certificate from the Toddy Workers Welfare Fund Board, under Section 5(3)(iii) of the Abkari Shop Disposal Rules. For that purpose, he ought to have pay 50% of the amount covered by assessments orders and the entire advance contribution. If such amounts are paid, he is entitled to such certificate for one year. He has preferred an appeal before the appellate authority. He has not received any order from the Government. Because of the pendency of the appeal, the amount covered by the assessment order shall be paid by the petitioner. As the appeal is pending before the appellate authority, a parallel order cannot be passed by this court. W.P.(C).No. 9162 OF 2008 - N 2 4. For the aforesaid reasons, it is directed that the petitioner will be issued clearance certificate, if the entire remittance is made towards 50% of the amount covered by the assessment orders and all advance contributions. If the petitioner seeks any order of stay in relation to the assessment order, which is pending before the Government and the authority, issuance of the clearance certificate will be in terms of that order of stay and conditions being imposed thereon. The writ petition is ordered as above. THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-