IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 7684 of 2009(E) ---------------------------------- PETITIONER : ------------------ BIJU GOPALAN, AGED 37, S/O. GOPALAN, MONIPALLIKKUNNEL HOUSE, VANNAPPURAM, KALIYAR P.O., THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.B. RENJITH .MARAR SRI.L.RAJESH NARAYAN IYER RESPONDENTS: ----------------------- 1. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, THODUPUZHA. 2. THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM EXCISE DIVISION, ERNAKULAM. BY SRI. P. N. SANTHOSH, GOVERNMENT PLEADER SRI. RENIL ANTO, SC-R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No.7684 of 2009 ------------------------------------ Dated this the 11th day of March, 2009 JUDGMENT As per Exhibit P2 judgment in W.P(C) No. 7186/2006, clearance certificate was ordered to be issued to the petitioner, subject to the payment of 50% of the outstanding amount. Petitioner submits that in pursuance to the judgment Exhibit P3 Chelan was issued and that payment also has been made. It is stated that despite the payment as above, certificate was not issued for the reason that for the year 2007-2008, some amount is still due from the petitioner towards advance contribution. Counsel submits that petitioner is willing to pay such dues also, however payment was not accepted for the reason that the same has already been advised for revenue recovery. As already stated, case of the petitioner is that amount due in terms of Exhibit P2 has already been paid in full by Exhibit P3. If any further amount is due, irrespective of whether the same has been advised for revenue recovery or not, since the petitioner is willing to pay the same, it is only appropriate that the first respondent should accept such payment and issue certificate on W.P.(C) No.7684 /2009 2 that basis. Therefore, I direct that on payment of 50% of the amount, if any, for the year 2007-2008 by the petitioner, and accepting the same, clearance certificate shall be issued. ANTONY DOMINIC, JUDGE scm