IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 14746 of 2009(K) -------------------------- PETITIONER(S): --------------- C.N. SUDHAKARAN, BLUE STAR HOUSE, PULLUVAZHY P.O., PERUMBAVOOR. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN SRI.NINU M.DAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, ERNAKULAM. 3. THE EXCISE DEPUTY COMMISSIONER, EXCISE DIVISION OFFICE, ERNAKULAM. 4. THE EXCISE CIRCLE INSPECTOR, KUNNATHUNADU. 5. THE ADDITIONAL SUB TREASURY OFFICER, ERNAKULAM. 6. RAGHAVAN PILLAI, KUZHIKKATTU HOUSE, IRINGOL P.O., PERUMBAVOOR. 7. GEORGEKUTTY VARGHESE, UPPAZHAKKATTU HOUSE, IRINGOL P.O., PERUMBAVOOR. BY GP SMT K R DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 14746 OF 2009 ............................................ DATED THIS THE 4th DAY OF JUNE, 2009 JUDGMENT The petitioner was a licensee of different toddy shops for different years either by himself or along with respondents 6 and 7. Though he seeks to quash Ext.P6 and a declaration that all dues payable by him have been cleared and that respondents 2 and 3 are bound to accord sanction for release of the amount deposited by the petitioner as wages of employees of TS No.45/Nellad and T.S.No.10/Kodampilly, Perumbavoor Exchange range for the periods 2002-2003 to 2006-2007 in lieu of the bank guarantee in the Treasury account, on the basis of the instructions, learned Government Pleader has not pointed out any due that is referable to the petitioner. While the petitioner had conducted the shops by himself, there are no dues. Equally, there are no dues when he conducted that shops along with respondents 6 and 7. It appears that the outstanding payment relates to a period when petitioner was not involved in the transaction. Obviously therefore, petitioner is entitled to relief WP(C) 14746/2009 2 No.2 and 3 as sought for. As a necessary consequence, Ext.P6 is quashed and reliefs 2 and 3 as sought for in the writ petition are granted. Let the needful be done and the amounts released within a period of one month from the date of receipt of a copy of this judgment. Writ petition ordered accordingly. No costs. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/6/6