IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 9007 of 2010(A) ------------------------- PETITIONER(S): ---------------------- 1. SUBHASH KUMAR, AGED 37 YEARS, S/O.KUTTAN PILLAI, THUNDITHARA THEKKETHIL HOUSE, PARAKUTTAM P.O., MUNDAPPALLY KARA, PERINGANADU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. 2. ANILKUMAR, PALANILKKUNATHIL HOUSE, KADAMINITTA P.O., PATHANAMTHITTA DISTRICT. 3. VELAYUDHAN, USHA BHAVANAM, KOONI P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): ------------------------ THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, THIRUVALLA, PATHANAMTHITTA DISTRICT. SRI.KOSHY GEORGE, SC,TWWFB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.9007 OF 2010(A) -------------------------------------------------- Dated this the 18th day of March, 2010 J U D G M E N T Petitioners are the licensees of toddy shop Nos. 4 and 5 of Adoor Excise Range. It is stated that when they approached the first respondent for issuing a clearance certificate, they were informed that there are dues to be paid by them and therefore the certificate cannot be issued. It is in these circumstances the writ petition is filed. 2. Even if the petitioners have any liability to the respondent, if the petitioner pays 50% of the said amount, in terms of Rule 5(3) of the Kerala Abkari Shops Disposal Rules 2002 the respondent is bound to issue clearance certificate. Therefore the writ petition is disposed of directing that it will be open to the petitioners to pay 50% of the amount that is due from them, in which event the first respondent shall immediately thereupon issue clearance certificate as sought for. (ANTONY DOMINIC) JUDGE vi/ WPC.No. /09 :2 :