IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 WP(C).No. 1858 of 2004(U) ------------------------- PETITIONER : -------------------- K.K.PARAMESWARAN, KOLLERITHARA, B.T.S.ROAD, EDAPPALY NORTH, KANAYANNOOR TALUK. BY ADVS. SRI.VAKKOM N. VIJAYAN SMT.REEJA HARI SMT.VINITHA PRASANNAN SRI.P.ANIYAN SMT.RAGAM.K.P. RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD. 4. THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM. 5. THE TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM. 6. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), ERNAKULAM. R1 TO R6 BY GOVERNMENT PLEADER SMT. RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 1858 of 2004(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE CHALAN RECEIPT DATED 25.3.1998. EXT.P2 : COPY OF THE RECEIPT DATED 4.12.1998. EXT.P3 : COPY OF THE CERTIFICATE DATED 10.3.1999. EXT.P4 : COPY OF THE DEMAND NOTICE DATED 27.4.2001. EXT.P5 : COPY OF THE JUDGMENT DATED 3.8.2001 IN O.P. NO. 16890/2001. EXT.P6 : COPY OF THE RECEIPT DATED 4.9.2001. EXT.P7 : COPY OF THE RECEIPT DATED 14.3.2002. EXT.P8 : COPY OF THE RECEIPT DATED 11.11.2003. EXT.P9 : COPY OF THE DD DATED 6.1.2004. EXT.P10 : COPY OF THE DD DATED 6.1.2004. EXT.P11 : COPY OF THE CERTIFICATE DATED 9.1.2004. RESPONDENT'S EXHIBITS: EXT.R2(a) : COPY OF THE DCB STATEMENT WITH REGARD TO THE ABKARI DUES PERTAINING TO THE PETITIONER. //TRUE COPY// P.S. TO JUDGE Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.1858 of 2004-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2011. JUDGMENT The petitioner was the licencee of toddy shop Nos.1 to 72 and 119 to 128 of Ernakulam Range during the year 1996-1997. This writ petition was filed seeking for various reliefs including a prayer to issue clearance certificate to the petitioner. There is a further prayer to refund the excess amount of Rs.6,68,655/- levied from the petitioner . 2. It is submitted by the learned counsel for the petitioner that subsequently clearance certificate was issued to the petitioner. 3. The respondents have filed a statement wherein, it is stated that an amount of Rs.1,73,464/- is due from the petitioner with future interest at the rate of 18% from 1.1.2004. The complete demand, collection and balance statement of arrears has been produced as Ext.R2(a). 4. It is pointed out by the learned counsel for the petitioner that going by Ext.P11 certificate, it can be seen that no liabilities are outstanding. 5. I am not finally pronouncing upon the said issue, since the wpc 1858/2004 2 petitioner has already obtained the clearance certificate during the pendency of the writ petition, for participation in the auction conducted for that year. In that view of the matter, the writ petition is disposed of recording that certificate has been issued for the said Abkari year. No costs. (T.R. Ramachandran Nair, Judge.) kav/