IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9426 of 2009(W) -------------------------------- PETITIONERS: -------------------------- K.V.JAYAPRAKASH, S/O.VELAYUDHAN, KALLACHERIL, KUMARAKOM EAST P.O., DIST.KOTTAYAM. BY ADV. SRI.K.REGHU KOTTAPPURAM SRI. MUKESH. M RESPONDENTS: ------------------------ 1. THE WELFARE FUND INSPECTOR, THE KERALA TODDY WORKERS WELFARE FUND BOARD, KOTTAYAM. 2. THE SECRETARY TO GOVT., LABOUR AND REHABILITATION (S) DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. A.R.ANIL KUMAR, C/O.KOTTAYAM TALUK MADYA VYAVASAYA THOZHILALI UNION (CITU), AZAD LANE, KOTTAYAM. 4. K.M.RENJUMON, C/O.KOTTAYAM TALUK MADYA VYAVASAYA THOZHILALI UNION (CITU), AZAD LANE, KOTTAYAM. 5. M.B.PONNAPPAN, C/O.KOTTAYAM TALUK MADYA VYAVASAYA THOZHILALI UNION (CITU), AZAD LANE, KOTTAYAM. 6. THE DEPUTY TAHSILDAR (RR), KOTTAYAM. ADV. SRI.K.D.BABU,SC,KTWWFB(TODDY WORKERS WE FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. --------------------------- W.P.(C) No.9426 of 2009 ------------------------------------ Dated this the 24th day of March, 2009 JUDGMENT Prayer in this writ petition is to quash Exhibits P3, P4 and P5. Exhibits P4 and P5 are consequential to Exhibit P3. Exhibit P3 order was passed by the second respondent staying recovery proceedings pursuant to Exhibit P1 final determination order, on condition that the petitioner remits 50% of the amount assessed. Exhibit P3 being an interlocutory order pending final disposal of Exhibit P2 appeal, this Court will not be justified in exercising its extra ordinary jurisdiction under Article 226 of the Constitution. In so far as Exhibit P5 order is concerned, the same has been issued to recover the amount due under Exhibit P1, for the reason that the petitioner has not complied with Exhibit P3 conditional order of stay within the time permitted. If so, the recovery of full amount is perfectly justified. Writ petition fails and hence, it is dismissed. ANTONY DOMINIC, JUDGE scm