IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 22586 of 2009(P) -------------------------- PETITIONER: --------------- T.J.VISWANATHAN, AGED 51 YEARS, S/O.JANARDHANA KURUP, THEKKEDATH KALARICKAL HOUSE, KARALAM VILLAGE, THANISSERY, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS: --------------- 1. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, THRISSUR. 2. THE CHIEF WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 3. THE DEPUTY TAHSILDAR (RR), MUKUNDAPURAM, THRISSUR DISTRICT. 4. THE DISTRICT COLLECTOR, THRISSUR. BY SR. GOVERNMENT PLEADER ADV. MR. P.K. BABU. BY ADV. SHRI RENIL ANTO, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 22586 OF 2009 ......................................................................... Dated this the 14th August, 2009 J U D G M E N T The petitioner is aggrieved of the course and proceedings being followed by the first respondent in keeping on passing provisional orders without passing any final determination order, whereby much loss and prejudice have been stated as caused to the petitioner, in so far as he has already effected substantial payment by way of advance contribution under the Kerala Toddy Workers Welfare Fund Act . 2. The case of the petitioner is that much amount is liable to be refunded to the petitioner, for which he has already approached the first respondent by filing Ext. P5 representation. The learned Counsel for the petitioner also places reliance on Ext.P6 judgment passed by this Court under similar circumstance. 2. Heard the learned Standing Counsel for the first and W.P.(C) No. 22586 OF 2009 2 second respondents and the learned Senior Government Pleader for other respondents. 3. After considering the facts and circumstances, the first respondent is directed to consider Ext.P5 and pass final determination order in respect of the years in question and take all consequential steps to see that the excess amount , if any, is reimbursed to the petitioner. The said exercise shall be completed as expeditiously as possible and at any rate within three months from the date of receipt of a copy of the judgment. Subject to the above, all further proceedings stated as being pursued against the petitioner pursuant to Exts. P3 and P4 shall be kept in abeyance. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk