IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 7183 of 2011(W) ------------------------- PETITIONER(S): --------------- P.V.NARAYANAN, AGED 49 YEARS, S/O. VELAYUDHAN, PULINTHANATHU HOUSE, THRIKKALATHUR P.O., MUVATTUPUZHA, ERNAKULAM. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): --------------- 1. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, THODUPUZHA. 2. THE DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM. BY SRI.RENIL ANTO, SC FOR R1 BY GOVT. PLEADER SRI. BASANT BALAJI FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.7183 of 2011 ----------------------------------------- Dated this the 8th March, 2011 JUDGMENT The petitioner is a joint licensee of the toddy shops in Group No.X of Kothamangalam Excise Range. The petitioner claims that he is entitled to preference under rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002 for allotment of toddy shops in the year 2011-12, if he produces a clearance certificate from the first respondent in terms of rule 5(3)(iii) of the said rules. It is stated that such a clearance certificate has to be issued if 50% of the amount demanded is remitted. Reliance is placed on rule 5(3)(iii) of the rules and Ext.P2 judgment of this Court in W.P(C)No.8538 of 2010 in support of the said contention. In this writ petition the petitioner seeks a direction to the first respondent to issue a clearance certificate on the petitioner remitting 50% of the amount demanded in Exts.P3 to P5 countersigned chalans. 2. I heard Sri.M.G.Karthikeyan, learned counsel appearing for the petitioner, Sri.Renil Anto, learned standing counsel appearing for the first respondent and Sri.Basant Balaji, learned W.P(C) NO.7183/2011 -:2:- Government Pleader appearing for the second respondent. Shorn of details what the petitioner seeks is the benefit of rule 5(3)(iii) of the Kerala Abkari Shops Disposal Rules 2002 which stipulates that no applicant shall be eligible for the privilege of any group of toddy shops if he is a defaulter of abkari arrears, sales tax or any other arrears due to the Kerala Toddy Workers Welfare Fund or the Kerala Abkari Workers Welfare Fund unless he produces from the Circle Inspector of Excise, Sales Tax Officer, the Authority of the said Welfare Fund Board or any other officer authroised in this behalf, as the case may be, a certificate to the effect that no dues are outstanding against him or that he has remitted before the date of sale, 50% of the arrears pending against him as on the date of thesale notification. Exts.P2 to P5 countersigned chalans disclose that various amounts are due from the petitioner. However, the rule referred to above enables the petitioner to participate in the auction if he remits 50% of the arrears. A learned single Judge of this Court has in Ext.P2 judgment delivered in W.P(C)No.8535 of 2010 and connected cases directed that a clearance certificate be issued in identical circumstances if the petitioners therein remit 50% of the amount demanded of them in the countersigned chalans issued to them. The learned counsel appearing for the first respondent Welfare Fund Board W.P(C) NO.7183/2011 -:3:- submitted that if the petitioner remits 50% of the amount demanded in Exts.P3 to P5 countersigned chalans, the first respondent will issue clearance certificate so as to enable the petitioner to participate in the ensuing auction for the year 2011- 12. In such circumstances I dispose of the writ petition with a direction that in the event of the petitioner submitting an appropriate representation before the first respondent expressing his willingness to remit 50% of the amount demanded of him, the first respondent shall issue a chalan in the prescribed form to the petitioner to enable him to remit 50% of the amount demanded. Upon such payment being made and proof being produced, the first respondent shall, within three days from the date of production of the proof of payment of 50% of the amount demanded in Exts.P3 to P5 countersigned chalans, issue a clearance certificate in the prescribed form, if any, to the petitioner. It is clarified that the issuance of the clearance certificate will not result in discharge of the petitioner for the remaining 50% of the amount demanded. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.7183 of 2011 ---------------------------- JUDGMENT 8th March, 2011