IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 18140 of 2011(N) -------------------------- PETITIONER: --------------- THRISSUR TALUK MADYA VYAVASAYA THOZHILALI UNION (AITUC) REP.BY ITS GENERAL SECRETARY, SIVARAMAN, S/O.VELU, 66 YEARS, BRARATH HOUSE, KARAMUKKU, KANDASSAMKADAVU, THRISSUR DISTRICT. BY ADV. MR.RENJITH THAMPAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, FINANCE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF EXCISE AND TAXES, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 3. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM, PIN-695 001. 4. DEPUTY EXCISE COMMISSIONER, THRISSUR, PIN-680 001. 5. DISTRICT TREASURY OFFICER, AYYANTHOLE, THRISSUR, PIN-680 003. GOVERNMENT PLEADER MR.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18140 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: LIST OF TODDY SHOPS AND THE AMOUNT DEPOSITED BY THE LICENSEES. EXT.P2: LETTER DTD. 29.12.2010 OF THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. EXT.P3: ORDER DTD. 8.6.2011 ISSUED BY R4. EXT.P3(a): ORDER DTD. 8.6.2011 ISSUED BY R4. EXT.P3(b): ORDER DTD. 8.6.2011 ISSUED BY R4. EXT.P3(c): ORDER DTD. 8.6.2011 ISSUED BY R4. EXT.P3(d): ORDER DTD. 8.6.2011 ISSUED BY R4. EXT.P4: LETTER DTD. 7.6.2011 OF R3. EXT.P5: LETTER ISSUED BY R5 TO DEPUTY EXCISE COMMISSIONER, THRISSUR. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.18140 Of 2011 ---------------------- Dated this the 4th day of August, 2011. J U D G M E N T The petitioner is the Thrissur Taluk Madya Vyavasaya Thozhilali Union (for short 'Union'). The writ petition is filed seeking a direction commanding the respondents to ensure that one month's advance salary in the TSA account is disbursed to the toddy workers in Thrissur, Cherpu Ranges and Group I of Anthikkad Range as sanctioned under Ext.P2 letter issued by the Excise Commissioner. 2. The grievance of the petitioner Union is that though at the instance of the new Excise Minister, it was decided that the workers will be given one month's advance salary and other allowances and to deposit the amount with the District Treasury. Though the officials of the Excise Department has passed orders the amount payable to the workers has not been disbursed because of certain technicalities raised by the District Treasury Officer. Ext.P5 is the communication issued by the District Treasury Officer stating that TSA account of each of the workers will be credited only after getting necessary sanction orders from the Government. ::2:: W.P.(C).No.18140 Of 2011 3. The learned Government Pleader on instructions submitted that the Deputy Excise Commissioner (Pledgee) issued proceedings for releasing the amount to the individual beneficiaries duly attesting the signature of the individuals. It is further stated that the Government have issued directions to the Director of Treasuries to release the security deposit to the beneficiaries based on the proceedings of the Deputy Excise Commissioner on production of release notice and passbook by the pledgee as required under Rule 53 KTC Volume I. The statement filed by the 4th respondent is recorded. In the above facts and circumstances, this writ petition is disposed of with a direction to the 5th respondent to disburse one month's advance salary deposited in the TSA account to the toddy workers in Thrissur, Cherpu ranges and Group I of Anthikkad Range as sanctioned in Ext.P2 within a period of three weeks from the date of receipt of a copy of this judgment. HARUN-UL-RASHID, Judge. bkn/-