IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8769 of 2010(U) ------------------------- PETITIONER(S): --------------------- 1. P.V.RAGHAVAN, S/O.VELAYUDHAN, AGED 65 YRS, PADICKAPARAMBIL, KUDAYATHUR P.O. ALACKODU VILLAGE, THALAYANADU KARA, THODUPUZHA, IDUKKI DISTRICT. 2. SHIBU NARAYANAN, S/O.NARAYANAN, NELLIKKAL HOUSE, MELUKAVUMATTOM P.O, MEENACHIL TALUK, KOTTAYAM DT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): ------------------------ 1. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, THODUPUZHA, 2. THE ASSISTANT EXCISE COMMISSIONER, IDUKKI EXCISE DIVISION, ERNAKULAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, IDUKKI EXCISE DIVISION, ERNAKULAM. GOVT.PLEADER SMT.K.R.DEEPA SRI.RENIL ANTO, SC, KTWWF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, ALONG WITH WPC NO. 8770/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NOs. 8769 & 8770 OF 2010 (U) ------------------------------------------------------ Dated this the 16th day of March, 2010 J U D G M E N T Petitioners claim to be licensees of toddy shops. According to them, they have now been issued communications informing that amounts are due from them to the 1st respondent towards contribution. However, the case of the petitioners is that they have made advance contribution and that adjustments as contemplated under Sections 8A(4) has not been done by the Welfare Fund Board. It is stated that therefore the amounts paid by the petitioners are still retained as advance and that is the reason for issuing communications mentioned in these writ petitions. 2. Irrespective of the claims raised by the petitioners, in the writ petitions itself, they have offered that they are willing to pay 50% of the amount presently indicated to be their dues in the communication issued to them. Once they are willing to pay 50% as offered, they are entitled to be issued clearance certificates as per Section 5(3)(iii) of the Abkari Shops Disposal Rules, 2002. WPC.Nos.8769 & 8770/10 :2 : Therefore, these writ petitions are disposed of directing the first respondent to issue clearance certificate to the petitioners, on the petitioners remitting 50% of the amount indicated to be due in the communications issued to them. (ANTONY DOMINIC) JUDGE vi/