IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 13853 of 2011(F) -------------------------- PETITIONER(S): --------------- A.K.PUSHPARAJ, S/O.KUTTAPPAN, ALAKKAL VEEDU, KANHIKKUZHI, IDUKKI DISTRICT. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR SMT.PREEJA. P.VIJAYAN RESPONDENT(S): --------------- THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, THODUPUZHA, PIN-685 584. ADV. SRI.RENIL ANTO,SC,KTWWF BOARD (TODDY WO FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.13853 of 2011 ----------------------------------------- Dated this the 1st June, 2011 JUDGMENT Exts.P1 to P3 orders issued by the first respondent under section 8 of the Kerala Toddy Workers Welfare Fund Act, 1969 are under challenge in this writ petition. The petitioner has stated in paragraph 1 of the writ petition that though the impugned orders bear the date 25.1.2011 copies of the orders were served on him on 27.4.2011. Under sub-section (5) of section 8 of the Kerala Toddy Workers Welfare Fund Act, 1969 an appeal lies from an order of assessment passed under the Act to the State Government. The period of limitation prescribed for filing the appeal is 60 days from the date of receipt of a copy of the order. In such circumstances as the petitioner has an alternate remedy by way of appeal and the period of limitation for filing the appeal has not expired (if the date of receipt of the order is taken as 27.4.2011). I am of the opinion that the petitioner should resort to the appellate remedy available to him instead of straight away moving this Court. W.P(C) NO.13853/2011 -:2:- I accordingly dismiss the writ petition reserving liberty with the petitioner to challenge Exts.P1 to P3 orders in appeal before the Government. His contentions on the merits are kept open. In the event of the petitioner filing an appeal accompanied by an application for stay within the time limit stipulated in sub-section (5) of section 8 of the Kerala Toddy Workers Welfare Fund Act, 1969 the Government shall consider the stay petition and pass orders thereon within one week from the date on which the appeal and the stay petition are filed before the Government. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.13853 of 2011 ---------------------------- JUDGMENT 1st June, 2011