IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 14781 of 2009(P) ---------------------------------------- PETITIONER(S): ------------------------ 1. C.N.SUDHAKARAN,'BLUE STAR' HOUSE, PULLUVAZHY.PO,PERUMBAVOOR. 2. M.A.ANIL KUMAR,'PAARAYATHU'HOUSE, NAGANCHERY,KOTTAPADI. 3. K.A.BALAKRISHNAN,'KILIYARA'HOUSE, PULLUVAZHY.PO,PERUMBAVOOR. 4. A.RANGANATHAN,'NALOTHUKUDI'HOUSE, KURUPPAMPADI.PO,PERUMBAVOOR. 5. A.N.SASIDHARAN,'ILAVUMKUDI' HOUSE, VALAYANCHIRANGARA.PO,PERUMBAVOOR. 6. LALU ABRAHAM,'NEDUMGANDATHIL'HOUSE, CHERANNALLUR.PO,KOOVAPPADI. BY ADVS. SRI.MURALI PURUSHOTHAMAN, SRI.DEEPU LAL MOHAN, SMT. NINU M.DAS, SMT. LEENA MURALI. RESPONDENT(S): --------------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVEVERNMENT,DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT,THIRUVANANTAHPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE,ERNAKULAM. Kss ..2/- ..2.... WPC.NO.14781/2009 P 3. THE EXCISE DEPUTY COMMISSIONER, EXCISE DIVISION OFFICE, ERNAKULAM. 4. THE EXCISE CIRCLE INSPECTOR, KUNNATHUNADU. 5. RAGHAVAN PILLAI,KUZHIKKATTU HOUSE, IRINGOL.PO,PERUMBAVOOR. 6. XAVIER PAUL(JOMY),'NEDUMGANDATHIL' HOUSE,CHERANNALLUR.PO,KOOVAPPADI. 7. LATHA RAJAN,'NJALUPPADI'HOUSE,IRINGOL.PO., PERUMBAVOOR. 8. V.K.RAGHAVAN,'VAYALIL VEEDU',KALLADU, CHELADU. 9. GEORGEKUTTY VARGHESE,UPPAZHAKKATTU HOUSE,IRINGOL.P.O,PERUMBAVOOR. R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.K.S.MUHAMMED HASHIM R5 BY ADV. SRI.M.G.KARTHIKEYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14781/2009 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER DTD. NIL SENT BY THE PETITIONERS AND RESPONDENTS 5 TO 9 TO THE TODDY WORKERS' WELFARE FUND INSPECTOR, ERNAKULAM. P2: COPY OF LETTER NO.A1/PERU/2000-01/08/4277 DTD. 21/10/2008 ISSUED BY THE TODDY WORKERS' WELFARE FUND INSPECTOR, ERNAKULAM TO THE 2ND RESPONDENT. P3: COPY OF THE LETTER DTD. 14/11/2008 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. P4: COPY OF THE CERTIFICATE DTD. 13/11/2008 ISSUED BY THE SECRETARY OF THE PERUMBAVOOR RANGE KALLU SHOP THOZHILALI UNION (CITU). P5: COPY OF THE ORDER NO.E4-1871/09 DTD. 13/05/2009 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.14781 OF 2009 ............................................ DATED THIS THE 26TH DAY OF JULY, 2010 JUDGMENT The petitioners together with respondents 5 to 9 were the licensees of all the toddy shops in Perumbavoor Range for the Abkari year 2000-2001. The petitioners as well as respondents 5 to 9 had furnished Solvency Certificates before the second respondent pursuant to the grant of the said license, to conduct the toddy shops. The originals of the title deeds of respondents 5 to 9 were also deposited with the second respondent. According to the petitioners, they do not have any arrears in respect of the year 2000-2001 during which they were licensees. However, the request of the petitioners for the release of their title deeds has been declined by the third respondent as per Ext.P5 on the ground that respondents 5 and 9 were having liabilities in respect of the Abkari year 1999-2000. According to the petitioners, they were not licensees for the toddy shops during the year 1999-2000. Therefore, according to them, their title deeds cannot be retained for the liability of respondents 5 and 9 in the previous years as they were Wpc 14781/2010 2 not licensees. 2. I have, by a separate judgment, disposed of WP(C)6621 of 2009 holding that 5th respondent who is the petitioner therein is not liable for the liability, if any, for the year 1999-2000 for the reason that he had transferred the shops in favour of third parties with the permission of the authorities. Therefore, the 5th respondent has no liability for the said year. Though the 9th respondent continues to be liable for the arrears for the said period, the petitioners cannot be made responsible for the said amount, for the reason that they were in no way connected with the conduct of the abkari shops for the said year. Ext.P2 issued to them by the Welfare Fund Inspector shows that they have no liability in respect of the shops conducted by them. Therefore, there is no justification for not releasing the title deeds of the petitioners as requested for by them. 3. In the above circumstances, this writ petition is allowed. Ext.P5 is quashed. The second respondent is directed to release the title deeds of the petitioners, as expeditiously as possible and at any rate, Wpc 14781/2010 3 within a period of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk