IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 OP.No. 9246 of 2002(A) ---------------------- PETITIONER(S): --------------- M.S.RAJENDRAN,MAMBRAYIL HOUSE,CHITTAR PO RANNI. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY IT'S SECRERTARY TO GOVERNMENT, EXERCISE DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD,PATHANAMTHITTA. 3. TAHASILDHAR (RR), TALUK OFFICE RANNI. R2 BY ADV. SRI.K.K.BABU SRI.K.HARILAL, SC, KTWWF BOARD SRI.KOSHY GEORGE,SC,KTWWFB R1 & R3 BY GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 9246 of 2002(A) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE LICENCE ISSUED BY THE ASST. EXCISE COMMISSIONER, PATHANAMTHITTA DATED 31.3.2001. P2 : COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 22.1.2002. P3 : COPY OF THE DEMAND NOTICE ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER DATED 28.1.2002. P4 : COPY OF THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 22.1.2002. P5 : COPY OF THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 28.1.2002. RESPONDENTS' EXHIBITS: N I L // TRUE COPY // P.A.TO JUDGE. app/- V.GIRI, J. ------------------------- O.P No.9246 of 2002 ------------------------------------ Dated this the 28th July, 2009 J U D G M E N T Petitioner was the President of a Co-operative society formed for the purpose of conducting business in toddy. By Ext.P1, licence was issued to the society to conduct trade in shop Nos.1 to 27 of Ranni Range. Amounts due under the Toddy workers welfare Fund Act was fixed by Exts.P2 and P3. Pursuant thereto recovery notices Exts.P4 and P5 have been issued. This writ petition has been filed apprehending enforcement of Exts.P4 and P5 against the personal properties of the petitioner. Petitioner is the president of the society. 2. The issue raised by the petitioner is covered in his favour by the judgment in Susheelan Vs. State of Kerala [2002(1) KLT 226]. Accordingly, it is declared that Exts.P4 O.P No.9246 of 2002 2 and P5 shall be enforced only as against the society and not against petitioner's personal properties. Writ petition is disposed of as above. (V.GIRI,JUDGE) app/-