IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 W.P(C).No. 7032 of 2008(K) --------------------------------- PETITIONER: -------------- P.MOHANLAL, S/O.PODIYAN PILLAI, AGED 46 YEARS, LICENCEE BEARING NO.58/02-03 T.S.NO.39, PUTHIYAKAVU OF KARUNAGAPPALLY EXCISE RANGE, RESIDING AT 'LAL BHAVAN', NAMBARUVIKALA ALUMKADAVU P.O., KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.P.V.VENUGOPAL RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT TODDY WELFARE FUND INSPECTOR OFFICE OF THE DISTRICT TODDY WELFARE FUND INSPECTOR, KOLLAM. BY ADV. SRI.RENIL ANTO, SC, KTWWF BOARD GOVT. PLEADER, SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 7032 OF 2008 K ==================== Dated this the 10th day of March, 2008 J U D G M E N T Petitioner seeks to quash Exts. P12, P13 and P14 and to direct the 2nd respondent to consider Ext.P11. In effect what is sought for by the petitioner is issue of a clearance certificate for the renewal of his licence for the year 2008-09. 2. Ext.P12 is the final determination order initially passed against the petitioner. Even going by the submissions made on behalf of the respondents, Ext.P12 indicates the names of ten employees and the total liability to be Rs.1,29,317/-. Going by Ext.P11 reply given to the petitioner in terms of the provisions contained in the Right to Information Act, the two persons at Sl.Nos. 1 and 2 of Ext.P12 have ceased to be in employment w.e.f. 31/1/2005 and 31/3/2005. If that be so, the amount indicated to be due towards those two persons requires to be deleted. WPC 7032/08 :2 : 3. Ext.P13 is a rectified final determination order issued to the petitioner giving credit to certain additional remittances which the petitioner has made. In Ext.P13, after indicating the liability of the petitioner and giving credit to the payments that are made by him, it is stated that the balance due from the petitioner is Rs.16,606/-. It is on account of this balance outstanding from the petitioner that the respondents expressed their difficulty in issuing the clearance certificate. In my view, his liability as indicated in Ext.P13 cannot be accepted for the reason that the two persons against whom liability has been indicated in Ext.P12 are liable to be excluded from Ext.P12. Once such exclusion is made, there will not be any amount due from the petitioner and prima facie, it would appear that the amount will due for refund. 4. In any case, this is a matter which has to be dealt with by the 2nd respondent. Therefore, I direct that the 2nd respondent shall re examine Exts. P12 and P13 in the light of Ext.P11. Needless to say that before any such reexamination, notice shall be issued to the petitioner and also to the Welfare Fund WPC 7032/08 :3 : Inspector. 5. In the meantime, it is directed that the clearance certificate sought for by the petitioner for the year 2008-09 shall be issued to the petitioner within ten days of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC,JUDGE. Rp