IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 8016 of 2011(B) ------------------------- PETITIONER(S): --------------- 1. GIRISHKUMAR,PATHALIL HOUSE,PAMBADI.P.O, KOTTAYAM DISTRICT. 2. SURESH BABU,PADANAMPOIKAYIL HOUSE, PADIMON.P.O,MALLAPPALLY,PATHANAMTHITTA DISTRICT. 3. ANANDAVALLY,PARAYIL HOUSE,MUNDIYAPPALLY. P.O,THIRUVALLA,PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): --------------- 1. THE WELFARE FUND INSPECTOR,KERALA TODDY WORKERS WELFARE FUND BOARD,THIRUVALLA, (PATHANAMTHITTA DISTRICT). 2. THE DEPUTY COMMISSIONER OF EXCISE, PATHANAMTHITTA. 3. THE DISTRICT COLLECTOR,PATHANAMTHITTA. ADV. SRI.KOSHY GEORGE FOR R1 GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.8016 of 2011 ----------------------------------------- Dated this the 15th March, 2011 JUDGMENT The petitioners are joint licensees of toddy shops in Group No.II of Mallppally Excise Range. The petitioners claim that they are entitled to preference under rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002 for allotment of toddy shops in the year 2011-12, if they produce a clearance certificate from the first respondent in terms of rule 5(3)(iii) of the said rules. In this writ petition the petitioners seek a direction to the first respondent to issue a clearance certificate to enable them to participate in the sale of the right to run toddy shops during the ensuing year 2011- 2012. 2. I heard Sri.M.G.Karthikeyan, learned counsel appearing for the petitioner, Sri.Basant Balaji, learned Government Pleader appearing for respondents 2and 3 and Sri.Koshy George, learned standing counsel appearing for the first respondent. Shorn of details what the petitioners seek is the benefit of rule 5(3)(iii) of the Kerala Abkari Shops Disposal Rules 2002 which stipulates that W.P(C) NO.8016/2011 -:2:- no applicant shall be eligible for the privilege of any group of toddy shops if he is a defaulter of abkari arrears, sales tax or any other arrears due to the Kerala Toddy Workers Welfare Fund or the Kerala Abkari Workers Welfare Fund unless he produces from the Circle Inspector of Excise, Sales Tax Officer, the Authority of the said Welfare Fund Board or any other officer authroised in this behalf, as the case may be, a certificate to the effect that no dues are outstanding against him or that he has remitted before the date of sale, 50% of the arrears pending against him as on the date of the sale notification. In such circumstances I dispose of the writ petition with a direction that in the event of the petitioners submitting an appropriate representation before the second respondent requesting for a clearance certificate and expressing willingness to remit 50% of the amount due from them, the first respondent shall issue a chalan in the prescribed form to the petitioners so as to enable them to remit 50% of the amount due from them. Upon such payment being made and proof being produced, the first respondent shall, within three days from the date of production of the proof of payment of 50% of the amount due W.P(C) NO.8016/2011 -:3:- from them, issue a clearance certificate in the prescribed form, if any, to the petitioners. It is clarified that the issuance of the clearance certificate will not result in discharge of the petitioners for the remaining 50% of the amount demanded. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.8016 of 2011 ---------------------------- JUDGMENT 15th March, 2011