IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 27908 of 2010(K) ---------------------------------------- PETITIONER(S): ---------------------- P.K. MOHANAN, S/O.KUMARAN, PARASSERY HOUSE, MANNAM POST, NORTH PARAVUR. BY ADV. SRI.SANTHOSH MATHEW, SRI.SATHISH NINAN, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LABOUR (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND, PALAKKAD-680 166. 3. THE VILLAGE OFFICER, NORTH PARAVUR-683 581. R1 & R3 BY SR. GOVT. PLEADER MR.JAMES MATHEW KADAVAN. R2 BY ADV. SRI.K.D.BABU, SC, KTWWFB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 27908 of 2010(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.B2/P9/GROUP 1-22, 24, 28/97-98 DATED 20/09/2000. EXT.P2: COPY OF THE APPEAL DATED 04/12/2000 SUBMITTED BY SRI.C.K. RAMAKRISHNAN BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE JUDGMENT DATED 08/01/2001 IN O.P. NO. 758/2001. EXT.P4: COPY OF THE DEMAND NOTICE NO.15/03-04/0-ST ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT. EXT.P5: COPY OF THE OBJECTION SUBMITTED BEFORE THE DISTRICT COLLECTOR ON 22/05/2003. EXT.P6: COPY OF THE ORDER DATED 28/05/2003 IN I.A. NO.847/2003 IN WP(C) NO. 16047/2003 OF THIS HONOURABLE COURT. EXT.P7: COPY OF THE JUDGMENT DATED 22/03/2005 IN WP(C) NO. 16047/2003 OF THIS HONOURABLE COURT. EXT.P8: COPY OF THE JUDGMENT IN R.P. NO.319/2005 IN WP(C) NO. 16047/2003 DATED 07/04/2005 OF THIS HONOURABLE COURT. EXT.P9: COPY OF THE LETTER NO.B2/P9/1-25-97-98 DATED 12/04/2005 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXT.P10: COPY OF THE RECEIPT NO.495013 DATED 15/04/2005 ISSUED BY THE VILLAGE OFFICER, VENNALA VILLAGE TO THE APPELLANT. EXT.P11: COPY OF THE INTERIM ORDER GRANTED BY THIS COURT IN W.A. NO. 948/2005. EXT.P12: COPY OF THE JUDGMENT IN W.A. NO. 948 OF 2005 DATED 21/07/2008 & W.A. NO. 2585/2005 DATED 21/07/2008. EXT.P13: COPY OF THE REPRESENTATION DATED 11/09/2008 SUBMITTED BY P.N. KRISHNADAS. EXT.P14: COPY OF THE NOTICE ISSUED BY THE VILLAGE OFFICER, PARVUR TO THE PETITIONER DATED 09/04/2010. EXT.P15: COPY OF THE STATEMENT ISSUED BY THE TODDY WORKERS WELFARE FUND INSPECTOR ON 13/05/2005. EXT.P16: COPY OF THE RECEIPT DATED 25/09/2010. RESPONDENT'S ANNEXURE:- ANNEXURE-R2(a): COPY OF THE STATEMENT OF ACCOUNTS DATED NIL WITH RESPECT TO EXHIBIT P1 DETERMINATION ORDER. //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.27908 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of October, 2011 J U D G M E N T The petitioner is a defaulter in repayment of contributions under the Kerala Toddy Workers Welfare Fund Act. The petitioner is now aggrieved by the rate of interest levied in respect of the delayed payment of contributions. I am of opinion that, in so far as the rate of interest is specified by the statute itself, the petitioner cannot contend that the petitioner is liable to pay only less interest than what is provided under the Act. Therefore I do not find any merit in this writ petition. Accordingly the same is dismissed. The petitioner raises a contention that in view of Ext.P9, wherein, the respondents themselves have appropriated amounts towards principal, the petitioner cannot be now saddled with the liability to pay future interest on the amount which has already been W.P.(C)No.27908 of 2010 -2- appropriated as principal amount. Such a contention is not raised in the pleadings in this writ petition and therefore I am not inclined to consider the same. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/