IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 4163 of 2010(U) ------------------------- PETITIONERS: --------------- 1. RAMAKRISHNAN, S/O.LATE KRISHNAN, GIRIJA BHAVAN, ANAKOTTOOR, KOTTARAKKARA, KOLLAM DISTRICT. 2. K.VASU, EDASSALAZHIKATHU VEEDU, MELILA VILLAGE, VETTIKAVALA P.O., KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND DISTRICT OFFICE, CHINNAKKADA, KOLLAM. 3. THE DEPUTY TAHASILDAR, REVENUE RECOVERY TALUK OFFICE, KOTTARAKKARA, KOLLAM. 4. THE VILLAGE OFFICER, NEDUVATHOOR VILLAGE, KOTTARAKKARA, KOLLAM. 5. THE DEPUTY COMMISSIONER OF EXCISE, EXCISE COMPLEX, CHINNAKKADA, KOLLAM. R2 BY ADV. MR. RENIL ANTO. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 4163 OF 2010 ......................................................................... Dated this the 10th March, 2010 J U D G M E N T The petitioners have approached this Court seeking for the following reliefs: “1. To call for the records leading to Ext.P1 to P3 and issue a writ of certiorari or other appropriate writ, order or direction quashing Ext. P1 to P3 ii. To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to extend the benefit of Amnesty Scheme to the petitioners and till then Recovery Proceedings including Revenue Recovery pursuant to Ext. P1 to P3 may be kept in abeyance. iii. To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Ext. P4 by extending the benefit of Amnesty Scheme to the petitioners and till then W.P.(C) No. 4163 OF 2010 2 Recovery Proceedings including Revenue Recovery pursuant to Ext.P1 to P3 may be kept in abeyance. iv. To issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents 2 and 5 to disburse Rs.13,000/- towards balance Provident Fund and the monthly pension @ Rs.500/- including arrears to the 2nd petitioner, Rs.16,248/- towards advance contribution and Rs.27,500/- towards Bank Guarantee with interest in respect of T.S.No.4 of Chadayamangalam Excise Range for the Abkari Year 2004-05 to the 2nd petitioner within a stipulated time as directed by this Hon'ble Court or in the alternative give credit of the above remittances towards the liability covered under Ext.P1 to P3. v. To issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to permit the petitioners to remit the principal amount of Rs.5,87,767/- covered in Ext.P1 to P3 by 10 equal installments after giving credit of Rs.13,000/- towards balance Provident Fund of the 2nd petitioner, Rs.16,248/- towards advance W.P.(C) No. 4163 OF 2010 3 contribution and Rs.27,500/- towards Bank Guarantee with interest in respect of T.S.No.4 of Chadayamangalam Excise Range for the Abkari Year 2004-05 and the liability of the balance amount including interest will be subject to the outcome of the orders passed by the 1st respondent in Ext.P4 and till Recovery Proceedings including Revenue Recovery pursuant to Ext.P1 to P3 may be kept in abeyance. vi. Issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2. When the matter came up for consideration before this Court, the learned Counsel for the petitioners submits that a similar matter filed by the petitioners with regard to contribution to the Toddy Workers' Welfare Fund, but on a different cause of action has already been considered by this Court in W.P.(C)No. 22663 of 2009 and the same has been disposed of giving appropriate directions vide judgment dated 10.08.2009 and that this matter can also be disposed of on the same lines. 3. Heard the learned Standing Counsel for the second W.P.(C) No. 4163 OF 2010 4 respondent and the learned Government Pleader for other respondents. 4. After hearing both the sides, and also taking note of the fact that the principal amount liable to be paid by the petitioners would come to Rs.5,87,767/- as admitted by the petitioners , the said amount is directed to be cleared by way of 'eight' equal monthly installments, the first of which shall be paid on or before 30.03.2010 to be followed by similar installments to be effected on or before the 30th of the succeeding months. The first respondent is directed to consider and pass appropriate orders on Ext. P4 representation, of course, after giving an opportunity of hearing to the petitioners, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of the judgment. Similarly, the second and fifth respondents are directed to consider and pass appropriate orders on Ext.P6 representation stated as pending before the said respondents in accordance with law and to communicate the outcome to the petitioners at the earliest, at any rate within three months from the date of receipt of a copy of the judgment. Subject to the W.P.(C) No. 4163 OF 2010 5 above, the recovery proceedings stated as being pursued against the petitioners shall be kept in abeyance. It is made clear that if any default is committed by the petitioners in satisfying the installments as above, the respondents will be at liberty to proceed with further steps for realisation of the entire amount in a lump sum from the stage where it stands now. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk