IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 19294 of 2009(F) -------------------------- PETITIONER(S): --------------- M.MOHANAN, AGED 46 YEARS, S/O. MADHAVA PANICKER, KUNNUVILA HOUSE, VILAPPIL, KURISSUMUTTOM, PEYAD.P.O.,TRIVANDRUM. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, KOLAM. 2. THE CHIEF WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, ULOOR,MEDICAL COLLEGE.P.O. TRIVANDRUM. ADDITIONAL RESPONDENT: 3. DASAPUTHRAN, S/O.KUTTAPPAN, KOCHUTHOPPIL HOUSE, PERUMON P.O., PERUMTHURUTHU DESOM, THRIKKARUVA VILLAGE, KOLLAM DIST. (R3 IMPLEADED AS PER ORDER IN I.A.NO.9718/09) ADV. SRI.S.A.ANAND FOR ADDL.R3 SRI.RENIL ANTO,SC,KTWWF BOARD (TODDY WO FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.19294 of 2009 ================== Dated this the 28th day of October, 2009 J U D G M E N T The petitioner is a licensee of a toddy shop. The petitioner had been paying advance contributions under the Toddy Workers Welfare Fund Act. The petitioner has paid amounts far in excess of the amounts actually due. According to the petitioner, the petitioner is entitled to refund of Rs.3,95,691/- which is the excess amount paid for 2006-07. The petitioner, therefore, seeks refund of the same. 2. A statement has been filed on behalf of the respondents to the effect that the petitioner has paid Rs.3,87,890/- in excess. The learned counsel for the petitioner submits that this amount has been arrived at without taking into account Ext.P1, as per which, an amount of Rs.7,801/- is due to the petitioner and that amount is also due to the petitioner. This is not disputed by the counsel for the respondents. But the counsel for the respondents submits that out of the amounts due, contributions for 2007-08 have been adjusted and as a result, out of the said Rs.3,87,890/- after adjustment, only an amount of Rs.2,81,503/- is due as refund. In view of the above admissions, the petitioner would be satisfied if the petitioner is paid Rs.2,89,304/- towards refund of the excess amount paid. Accordingly, this writ petition is disposed of with a direction to the respondents to refund to 2 the petitioner an amount of Rs.2,89,304/- towards excess contributions paid by him, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge