IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 26956 of 2004(H) -------------------------- PETITIONER: ------------ M.K.BAHULEYAN, S/O.KRISHNAN, MANGATTU, MOOVATTUPUZHA. BY ADV. SRI.A.N.RAJAN BABU SMT.K.SUNITHA VINOD RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. TAHSILDAR (RR), MOOVATTUPPUZHA. 4. THE CHIEF WELFARE FUND INSPECTOR, TODDY WORKERS FUND, THIRUVANANTHAPURAM. 5. ULAHANNA, KARETTU UPPAZHAKKATTU, POOVAKKULAM, VELIYANNOOR, MEENACHIL. 6. RAJAN, S/O.PAPPAN, PUTHENPURACKAL, ANANALLUR VILLAGE, ANANALLUR, MOOVATTUPUZHA. 7. RAJAPPAN, S/O.NARAYANAN, THURUTHIPILLY HOUSE, PERINJAZHA KARA, MARADY VILLAGE, MOOVATTUPUZHA. 8. VINOD, S/O.GOPALAN, MONIPPALLY KUNNEL, AVOLIKARA, MOOVATTUPUZHA VILLAGE, MOOVATTUPUZHA. 9. BABU, S/O.NARAYANAN, KUNNATHEL HOUSE, ARIKUZHA KARA, MANAKKADU VILLAGE, MOOVATTUPUZHA. R1 TO R3 BY GOVERNMENT PLEADER, SMT.SMITHA SUKUMARAN R4 BY ADV. SRI.K.HARILAL, SC, KTWWF BOARD R7 BY SRI.M.V.PAULOSE R8 BY SRI.K.K.BABU R9 BY SRI.C.C.THOMAS SRI.RENIL ANTO, SC, KTWWF BOARD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26956/2004/H APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF LICENCE NO.765/1997-98 DATED 7TH JULY 1997. EXT. P2: COPY OF SALE NOTICE IN FORM NO.16 VIDE NO.4174/98 DATED 12.8.2004 ISSUED BY THE 3RD RESPONDENT. EXT. P3: COPY OF ORDER NO.K5-6609/93 DATED 20.3.2002 ISSUED BY ASSISTANT EXCISE COMMISSIONER, KOTTAYAM. EXT. P4: COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE REVENUE MINISTER ON 9.9.2004. EXT. P5: COPY OF SALE AGREEMENT ENTERED INTO BETWEEN BROTHER OF PETITIONER'S FATHER SRI.MADHAVAN AND ONE GOPALAN DATED 11.10.2004. /TRUE COPY/ P.A. TO JUDGE JP C.N.RAMACHANDRAN NAIR, J. ------------------------------------------- W.P.(C).No.26956 of 2004 ------------------------------------------- Dated this the 15th day of February, 2008 JUDGMENT The petitioner admittedly a licensee was carrying on business in toddy. The challenge in W.P.C. is on the ground that revenue recovery proceedings are initiated only against him without proceeding against the other licensees 5 to 9 for the entire amount due towards Abkari Welfare Fund. 2. The Government Pleader reported that recovery proceedings are pending against the other licensees also, particularly, the sixth respondent. Counsel for the 4th respondent submitted that the demand in this case pertains to the toddy shop managed by the petitioner. Since the petitioner is admittedly a licensee, he is liable to pay the contribution. The petitioner who was engaged in running the toddy shop would have made arrangements with other licensees for payment of welfare fund dues. Dispute among licensees, if any, should be settled among them. WPC 26956/2004 I do not find any ground to interfere with the recovery proceedings because petitioner as a licensee is liable. The writ petition is devoid of any merit and is dismissed. C.N.RAMACHANDRAN NAIR, JUDGE csl