IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 OP.No. 2780 of 2003(E) ---------------------- PETITIONERS: -------------------- 1. BAIJU B., ASSISTANT SUB INSPECTOR, DEPARTMENT OF EXCISE, NORTH PARAVUR. 2. HARSHAN B., ANJUTHAIVELI, VATTAYAL WARD, ALAPPUZHA. BY ADV. SRI.DINESH R.SHENOY SMT.LEGITHA D'CRUZ RESPONDENTS: ---------------------- 1. THE ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. 2. DEPUTY TAHSILDAR (REVENUE RECOVERY), AMBALAPUZHA TALUK. 3. THE VILLAGE OFFICER, ALAPPUZHA WEST. 4. THE INSPECTOR, TODDY WORKERS WELFARE FUND, ALAPPUZHA. BY ADV. SRI.K.HARILAL, SC, KTWWF BOARD GOVERNMENT PLEADER SMT.SMITHA SUKUMARN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.No.4980/2003 IN OP.NO.2780/2003-E. DISMISSED. 1.2.2008. Sd/- C.N.Ramachandran Nair, Judge. APPENDIX PETITIONERS' EXHIBITS:- P1: Copy of the certificate No.A1-122/03 dtd.13.1.2003 issued by the first respondent. P2: Copy of Notice No.B2-42/02/TWWF dtd.7.1.2003. P3: Copy of Notice No.B2-61/02/TWWF dtd.7.1.2003. P4: Copy of Notice No.B2-28/02/TWWF dtd.12.12.2002. P5: Copy of Notice No.B2-27/02/TWWF dtd.17.10.2002. P6: Copy of Notice No.B2-27/02/TWWF dtd.17.10.2002. P7: Copy of representation dtd.22.1.2003 submitted before the 2nd respondent. RESPONDENTS' EXHIBITS:- R4(a): Copy of the determination order dtd.31.12.1997 for the year 1996-97 passed against 2nd petitioner. R4(b): Copy of the acknowledgment dtd.28.1.1999 signed by the petitioner. R4(c): Copy of the determination order dtd.29.6.2002 for the year 1998-99 passed against the petitioner. R4(d): Copy of the acknowledgment dtd.28.2.2002 stating receipt of pre-assessment notice. R4(e): Copy of the determination order dtd.3.11.2001 passed against first petitioner for the year 1999-2000. R4(f): Copy of the acknowledgment dtd.15.1.2001 stating receipt of pre-assessment notice. R4(g): Copy of the determination order dtd.31.1.1998 passed against first petitioner for the year 1996-97. R4(h): Copy of the acknowledgment dtd.21.11.1998 stating the receipt of final determination order. ( true copy ) P.S. TO JUDGE. kvs/- C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 2780 OF 2003 -------------------------------------------- Dated this the 1st day of February, 2008 JUDGMENT First petitioner is an official in the State excise department against whom demand of toddy workers welfare fund is made by the Welfare Fund Inspector. Prima facie this Court felt that an excise official is not entitled to carry on business in toddy. Therefore an enquiry was ordered. It is reported by the Government Pleader that after enquiry it is revealed that on the death of licensee first petitioner's brother who is another son of the licensee carried on the business. In view of this revelation after enquiry, I feel adjudication order calls for reconsideration. It appears that second petitioner is also one of the sons of original licensee and there is a mistake in the demand against first petitioner. In the circumstances, O.P. is disposed of directing respondents to withhold recovery proceedings against the petitioners for three months from now and in between, on production of a copy of this judgment by the petitioner, the fourth respondent will pass fresh adjudication order after conducting enquiry and after hearing the 2 persons against whom demand is proposed. Petitioners will produce a copy of this judgment before the fourth respondent for compliance. Recovery after three months will be based on fresh orders to be issued by the fourth respondent. As and when fresh orders are issued impugned orders will be recalled by the fourth respondent. (C.N. RAMACHANDRAN NAIR) Judge kk 3