IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 7074 of 2008(P) -------------------------------------- PETITIONER(S): -------------------------- 1. V.L.SUVARNA KUMAR, S/O.NARAYANAN, AGED 49, VATTAKKATTU VELIYIL, C.M.C.30, CHERTHALA P.O. 2. M.SUDHAKARAN, S/O.MADHAVAN, KOCHUTHOTTUNGAL HOUSE, KANICHUKULANGARA P.O., CHERTHALA. 3. C.B.SHYAMALATHA, D/O.BHAVANIYAMMA, `BHAVANI' NILAYAM, KANICHUKULANGARA P.O., CHERTHALA. BY ADV. MR.K.K.BABU RESPONDENT(S): --------------------------- 1. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, ALAPPUZHA. 2. THE TAHASILDAR (RR), CHERTHALA, ALAPPUZHA DISTRICT. 3. ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. R1 BY ADV. SRI.KOSHY GEORGE,SC,KTWWFB,(TODDY WORKERS) R2 & R3 BY GOVERNMENT PLEADER MR. P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7074/2008 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE DEMAND NOTICE ISSUED BY 1ST RESPONDENT DTD. 14/05/07. P2: COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DTD. 14/5/07. P3: COPY OF THE REPRESENTATION DTD. 29/05/2007. P4: COPY OF THE R.R.NOTICE DTD. 31/12/07. P5: COPY OF THE R.R.CERTIFICATE DTD. 24/02/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No.7074 of 2009 -------------------------- Dated this the 22nd June,2008 J U D G M E N T Petitioners were auction purchasers of Toddy Shops in Group No.30 of Cherthala Range. They have approached this Court aggrieved by Exhibits P4 & P5 orders requiring them to pay contribution in relation to Toddy Shop Nos.130 and 131 in Group No.20 of Cherthala Range for the period 2007-2008. A counter affidavit has been filed by the 1st respondent . Paragraphs 6 and 7 of the same read as follows: “6. But later, that is on 7.3.2008 one of the licencees produce in this office a letter dated 6.3.2008 of Circle Inspector of Excise, Cherthala Range stating clearly that T.S Nos 130 and 131 of Cherthala Range have not been licenced and functioned during the year 2007-2008. Clearance Certificate were issued for these three persons for participating in the Toddy Shops auction in 2008-2009 year. 7. If the petitioners have produced a letter from the Excise Authorities that the shop is not functioning this office would not have take any action to realise the amount of a non- functioning shop. But he had not produced the same in time. Now we had intimated the W.P ( C) No.7074 of 2008 2 Revenue Authorities to drop the R.R action against T.S Nos.130 and 131.” In these circumstances, no further issue survives in this writ petition. Accordingly the writ petition is closed. (V.GIRI,JUDGE) ma W.P ( C) No.7074 of 2008 3 W.P ( C) No.7074 of 2008 4