IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 7186 of 2009(P) ------------------------- PETITIONER(S): --------------- BIJU GOPALAN, AGE 37 S/O.GOPALAN, MONIPALLIKKUNNEL HOUSE VANNAPPURAM, KALIYAR PO, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN SMT.LAKSHMI.N.KAIMAL RESPONDENT(S): --------------- 1. THE WELFARE FUND INSPECTOR KERALA TODDY WORKERS WELFARE FUND BOARD THODUPUZHA. 2. THE ASSISTANT EXCISE COMMISSIONER ERNAKULAM EXCISE DIVISION, ERNAKULAM. SC SRI. RENIL ANTO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.7186 OF 2009 ------------------------ Dated this the 5th day of March, 2009. JUDGMENT Heard both sides. The prayer in this writ petition is to direct the first respondent to issue clearance certificate to the petitioner with respect to the toddy shop Nos.16,17,44,54 and 66 of Muvattupuzha Excise Range. Admittedly, final determination order has not been passed and in such circumstances under Rule 5(3) of the Kerala Abkari Shops Disposal Rules, the petitioner is entitled to get the clearance certificate on payment of the 50% of the outstanding amount in respect of the shops referred above. Accordingly, the writ petition is disposed of directing that the Ist respondent shall issue clearance certificate to the petitioner, on paying 50% of the outstanding dues in respect of the shops referred above. (ANTONY DOMINIC) JUDGE vi/