IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 10623 of 2005(M) ------------------------------------- PETITIONER(S): --------------------- 1. SUDHARMA SADASIVAN, W/O.LATE K.V.SADASIVAN, KATTATHARA, THIRUVARPPU, KOTTAYAM. 2. SWAPNA SADASIVAN, D/O.LATE K.V.SADASIVAN, KATTATHARA, THIRUVARPPU, KOTTAYAM. 3. JINEESH SADASIVAN, S/O.LATE K.V.SADASIVAN, KATTATHARA, THIRUVARPPU, KOTTAYAM. BY ADVS. SRI. N.RAGHURAJ SMT. K.AMMINIKUTTY RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT WELFARE FUND INSPECTOR, TODDY WORKERS WELFARE FUND BOARD, KOTTAYAM. 3. A.M.SHAJI, EDATHIL, OLASSA P.O. 4. JAYA PRAKASH, JAYA BHAVAN, KUMMANAM P.O., KOTTAYAM. 5. C.K.BALAKRISHNAN, KOLLAMPARAMBIL, CHENGALAM, KOTTAYAM. NS 2/- -2- 6. P.V.PRASANNAN, PATHIYARATH VEEDU, KUMARAKOM EAST P.O., KOTTAYAM. 7. M.BHASURANGAN, GURU NIVAS, KARAPPUZHA, KOTTAYAM. R1 BY GOVT. PLEADER P.A. RAZIYA R2 BY ADV. E.D. BABU,(S.C.) R6 BY SMT.K.R.DEEPA R7 BY SRI.S.U.NAZAR SRI.MANSOOR.B.H. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011 ALONG WITH W.P.C. NO.17754/2011 & W.P.C.NO.32483/2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS WP(C).No. 10623/2005 APPENDIX PETITIONER(S) EXHIBITS : EXT. P1 : PHOTOCOPY OF THE NOTICE BEARING NO. K1/KOTTYAM -10 ,11/2000-01/1579 DATED 14.03.2003. EXT. P2 : COPIES OF THE NOTICES BEARING NOS.K1/KOTTYAM-14,15,16-2000-01/1599 DATED 14.03.2003 PERTAINING TO T.S.NO.14,15,16/2000-01. EXT. P3 : COPY OF THE NOTICE BEARING NO.K1/1674(5)/KOTTAYAM-22/2000-01, PERTAINING TO T.S.NO.22/00-01. EXT. P4 : COPY OF THE REPLY STATEMENT SUBMITTED BY THE 1ST PETITIONER. EXT. P4(A) : COPY OF THE REPLY STATEMENT SUBMITTED BY THE 1ST PETITIONER. EXT. P4(B) : COPY OF THE REPLY STATEMENT SUBMITTED BY THE 1ST PETITIONER. EXT. P5 : COPY OF THE ORDER BEARING NO.K1/KOTTAYAM-10,11/00-01 DATED 29.11.2003. EXT. P6 : COPY OF THE ORDER BEARING NOS.K1/KOTTAYAM-14,15,16/2000-01 DATED 30.10.2003 PERTAINING TO T.S. NOS. 14,15,16/00-01. EXT. P7 : COPY OF THE ORDER BEARING NO.K1/KOTTYAM-22/00-01 DATED 30.10.2003 IN RESPECT OF T.S. NO.22/00-01. EXT. P8 : COPY OF THE ORDR BEARING G.O.(P)NO.2971/2004/LBR DATED 16.11.2004. EXT. P9 : COPY OF THE ARGUMENT NOTES SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT IN THEIR APPEAL AGAINST EXT.P5 ORDER. EXT.P10 : COPY OF THE JUDGEMENT IN O.P.NO.23834 OF 2002 DATE 12.08.2004. EXT. P11 : COPY OF THE ORDER IN W.P.C.NO.29952/04 DATED 12.10.2004. EXT. P12 : COPY OF THE ORDER BEARING NO.G.O.(RT)NO.3287/2004/LBR DATED 16.12.2004. EXT. P13 : COPY OF THE REPRESENTATION DATED 17.01.2005. EXT.P14 : COPY OF THE LETTER BEARING NO.K1/KOTTAYAM-10,11,14-16,22/00-01 DATED 31.01.2005. RESPONDENT(S) EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 10623/2005, 17754 & 32483 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2011 J U D G M E N T These three writ petitions have been filed by defaulters/legal representatives of defaulters in repayment of contributions under the Kerala Toddy Workers Welfare Fund Act, 1968. The petitioners and the party respondents in the writ petitions are the persons liable to pay contributions. Some of them are licensees who were conducting the toddy shops and the others are persons who have been actually conducting the Toddy shops on behalf of the licensees. Revenue recovery proceedings have been initiated, challenging which, the petitioners have approached this court. The contention of the petitioners is that proceedings against the petitioners only without proceeding against the others is unjust and unreasonable. 2. I have heard all the parties. 3. In Welfare Fund Inspector v. Jaya [2006 (3) KLT 988] this Court has held that both the licensee as well W.P.(C)Nos. 10623/2005, 17754 & 32483 of 2011 -2- as the person actually conducting the toddy shop are jointly and severally liable to pay the contributions. But in that decision, it was held that first, the persons who were actually conducting the toddy shops should be proceeded against and only if amounts cannot be recovered from them, the licensees shall be proceeded against. In fact without noticing that Division Bench decision, I had also held in another decision that the liability of the licensees and that of the persons conducting toddy shops are concurrent and both of them are liable to be proceeded against jointly and severally. In view of the said decisions, these writ petitions are disposed of with the following directions: The revenue recovery authorities shall first proceed against the persons who were actually conducting the toddy shops among the petitioners and the party respondents. If the entire amounts cannot be recovered from them, the others shall also be proceeded against. The revenue recovery authorities shall complete the above process and recover the entire amounts due, as expeditiously as W.P.(C)Nos. 10623/2005, 17754 & 32483 of 2011 -3- possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/