IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 3566 of 2008(Y) ------------------------- PETITIONER: ------------------ P.G.AJAYAKUMAR, PUTHENPURAKKAL, PANNOOR P.O., KARIVANNOOR, ERNAKULAM DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENTS: ---------------------- 1. ASSISTANT EXCISE COMMISSIONER, ERNAKULAM. 2. THE CIRCLE INSPECTOR, MUVATTUPUZHA EXCISE RANGE, ERNAKULAM DISTRICT. 3. THE WELFARE FUND INSPECTOR, TODDY WORKERS WELFARE FUND, THODUPUZHA. R1 & R2 BY SR.GP SMT. ANU SIVARAMAN. R3 BY SC SRI.RENIL ANTO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.3566 of 2008 ================================== Dated this the 10th day of March, 2008. JUDGMENT Heard the learned counsel for the petitioner, learned senior Government Pleader and the learned standing counsel for the Kerala Toddy Workers Welfare Fund Board. 2. Petitioner's request for releasing the bank guarantee furnished by him is objected to by the State Government only on the ground that he has not produced necessary clearance certificate from the KTWWF Board and from the employees' union. Petitioner appears to have the clearance certificate from the employees' union. In so far as the KTWWF Board dues are concerned, the submission of that institution is that while the petitioner has paid all other contributions, including the advance contribution for 2006-07, WPC3566/2008 -:2:- clearance certificate could not be issued because, the assessment proceedings against the petitioner has not been completed. The question of raising a demand would come only after completion of assessment proceedings, while it is the admitted situation that advance contributions in terms of the rules have been made by the petitioner. Without completing the assessment proceedings and without raising a demand, there cannot be a situation where the petitioner can be treated as one from whom money is due. Merely because assessment proceedings under the KTWWF Board have not been completed, the same cannot be a ground to detain the release of bank guarantee. Under such circumstances, this writ petition is disposed of directing that if the petitioner remits all advance contributions, as are necessary in accordance with the rules, including for the abkari year 2007-08 and executes a simple bond without WPC3566/2008 -:3:- sureties to satisfy any outstandings that may be found on completion of assessment proceedings under the Kerala Toddy Workers Welfare Fund Act, the bank guarantee in relation to which this writ petition is filed, shall be released within a period of two weeks. Thottathil B.Radhakrishnan, Judge. sl.