IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 21118 of 2011(L) -------------------------- PETITIONER(S): --------------- BABU P.S,S/O.SUBRAMONIAN, PARAPPULLY HOUSE, MANAKKAPPADI DESOM, THEKKUMKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENT(S): --------------- 1. WELFARE FUND INSPECTOR, TODDY WORKERS WELFARE FUND BOARD, OFFICE OF THE TODDY WORKERS WELFARE FUND INSPECTOR ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE CHIEF WELFARE FUND INSPECTOR KERALA TODDY WORKERS WELFARE FUND BOARD, ULLUR, THIRUVANANTHAPURAM. ADV. SRI.KOSHY GEORGE FOR R1 &3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.21118/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT. EXT.P2. TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONER TO THE RESPONDENT DATED 13.6.2011. EXT.P3.TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C)NO.17532/2011 DTD. 29.6.2011. EXT.P4. TRUE COPY OF THE DIRECTION ISSUED BY THE 2ND RESPONDENT DTD. 25/7/2011. EXT.P5. TRUE COPY OF THE REQUEST LETTER SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT DTD. 27.7.2011. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.21118 of 2011 ----------------------------------------- Dated this the 5th August, 2011 JUDGMENT The prayer in this writ petition is for an order directing the first respondent to accept arrears of welfare fund dues demanded in Ext.P1 notice as per the directions issued by the Government in Ext.P4. The petitioner has also prayed for an order directing the first respondent to pass orders on Ext.P5 representation. 2. The petitioner was the licensee of toddy shops Nos.17 to 23 of Ernakulam Range during the year 2010-11. He did not remit the advance contribution in time and therefore a notice was issued in terms of section 8 A of the Kerala Toddy Workers Welfare Fund Act. The petitioner thereupon filed W.P.(C) No.17532 of 2011 in this Court. By Ext.P3 judgment delivered on 29.6.2011, this Court, while declining to entertain the challenge to the notice, disposed of the writ petition with the following directions:- “(i) The petitioner shall within two weeks form today deposit with the first respondent 50% of the principal amount demanded in Ext.P8 notice. W.P(C).No.21118 of 2011 -:2:- (ii) Upon such payment being made, the first respondent shall issue a clearance certificate in terms of rule 5 of the Kerala Abkari Shops and Disposal Rules, 2002. (iii) The petitioner shall pay the balance amount together with interest in four equal monthly instalments. The first of such instalments shall be paid on or before 16.8.2011 and the remaining instalments on the 16th of every succeeding English calendar month. If the 16th of any month happens to be a holiday, payment shall be made on the next working day. (iv) It is made clear that if the petitioner does not remit 50% of the amount demanded within two weeks, the clearance certificate need not be issued and if he commits default in remitting any two consecutive instalments including the first instalment of 50%, it will be open to the first respondent to recover the amount due from the petitioner in lump.” 3. The petitioner thereafter moved the Government ;by submitting a representation dated 20.7.2011. Acting on the said representation the Government sent Ext.P4 letter dated 25.7.2011 to the third respondent wherein the Government requested the third respondent to permit the petitioner to clear the dues in ten monthly instalments and to report compliance. The petitioner thereafter submitted Ext.P5 representation before the first W.P(C).No.21118 of 2011 -:3:- respondent wherein he requested the first respondent to permit him to pay the amount due in ten instalments. The first respondent rightly declined to grant the permission. The instant writ petition was thereupon filed seeking the aforesaid reliefs. 4. The petitioner has in the writ petition averred as follows:- “3. It is humbly submitted that, without giving any other notices or determination orders, the respondent issued a notice in the form of a reminder notice dated 3/5/2011 stating that the petitioner is liable to pay an amount of Rs.4,14,581/- as arrears in the welfare fund for the period 2010-2011 and if the amount is not paid within 15 days of the receipt of the notice, they will take revenue recovery proceedings against the petitioner. A true copy of the said notice is produced herewith and marked as Ext.P1. On getting the said notice on 10/6/201, this petitioner immediately submitted a representation to the respondent stating that, he may be granted 12 instalments to pay the amount. A true copy of the said representation dtd. 13//6/2011 is produced herewith and marked as Ext.P2. 4. As no actions have been taken on Ext.P2 by the 1st respondent, this petitioner approached this Hon'ble Court by filing Writ W.P(C).No.21118 of 2011 -:4:- Petition No.17532/2011 and this Hon'ble Court was pleaded to pass an order granting permission to the petitioner to pay 50% of the arrears within a period of two weeks and the remaining amount in four equal monthly instalments commencing from 16/8/2011. A true copy of the judgment of this Hon'ble Court in W.P(C)No.17532/2011 is produced herewith and marked as Ext.P3. The said order was passed on 29/6/2011 and the payment of 50% stipulated in the order expired on 13/7/2011. Even though this petitioner has been paying the monthly welfare fund amounts in time, he couldn't pay the 50% amount stated in the judgment in time in one lump. 5. As the petitioner didn't pay the 50% of the amount stated in the order in time, the authorities refused to accept monthly premiums which caused the petitioner difficult to conduct the toddy shops. Thereby this petitioner approached the 2nd respondent stating the said grievances and requested to grant him the permission to pay the arrears in 15 equal monthly instalments. On hearing the petitioner, the 2nd respondent granted permission to the petitioner to pay the arrears in 10 equal monthly instalments and issued directions accordingly. A true copy of the said direction issued by the 2nd respondent to the third respondent with copy to the petitioner dtd. 25.7.2011 is produced herewith and marked as Ext.P4. W.P(C).No.21118 of 2011 -:5:- 6. On getting the said order, this petitioner immediately approached the 1st respondent to grant him the permission to pay the 1st instalment amount stated in Ext.P4 and also to grant him the permission to pay the monthly amount. A true copy of the said request letter dated 28.7.2011 is produced herewith and marked as Ext.P5. But the 1st respondent is not accepting the same and is not granting permission to pay the amount stated in Ext.P4 and monthly amount due to the directions issued by this Hon'ble Court in Ext.P3 order. As such, it has become difficult for the petitioner to function the shops. Due to heavy financial stringencies, this petitioner is not in a position to pay the 50% amount in one lump and if Ext.P4 order passed by the 2nd respondent is not implemented, this petitioner will be put to irreparable loss and hardships.” 5. From the averments in the writ petition, it is evident that the petitioner moved the Government well aware of the directions issued by this Court in Ext.P3 judgment. This Court had in Ext.P3 judgment directed that if the petitioner does not remit 50% of the amount demanded within two weeks, the clearance certificate need not be issued and if he commits default in remitting any two instalments including the first instalment of 50%, it will be open to the first respondent (first respondent herein also) to recover the W.P(C).No.21118 of 2011 -:6:- amount due from the petitioner in lump. In paragraph 4 of the writ petition extracted above, the petitioner has admitted that he could not pay 50% of the amount as directed by this Court. He has also stated in paragraph 5 that since he did not pay 50% of the amount demanded within time, the authorities refused to accept the monthly premium and therefore he approached the second respondent requesting for permission to pay the amount due in 15 instalments and acting on that request the Government permitted him to pay the arrears in ten equal monthly instalments. In paragraph 5, the petitioner has also stated that though he produced Ext.P4 Government letter before the first respondent and requested him in writing by submitting Ext.P5 representation to receive the payment as directed by the Government, the first respondent declined to grant permission in view of the direction issued by this Court in Ext.P3 order. It is thus evident from the petitioner's own averments that he had moved the Government virtually seeking a modification of the directions issued by this Court in Ext.P3 judgment. Though the Government granted the said request, when the writ petition came up for hearing today, the learned Government Pleader submitted on instructions that the Government was not aware of W.P(C).No.21118 of 2011 -:7:- the directions issued by this Court in Ext.P3 judgment, when it permitted the petitioner to pay the amount demanded in ten instalments. The petitioner has no case in the writ petition that he had brought to the notice of the Government that this Court has by Ext.P3 judgment directed him to pay the amount due in five instalments. Such being the situation, I am of the opinion that the relief sought by the petitioner cannot be granted. This writ petition is, in my opinion, an abuse of the process of the court and is liable to be dismissed with costs. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed with costs quantified at Rs.10,000/- (Rupees Ten Thousand only) payable by the petitioner to the Kerala Toddy Workers Welfare Fund Board. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.21118 of 2011 ---------------------------- JUDGMENT 5th August, 2011