IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 36408 of 2010(A) ---------------------------------------- PETITIONER(S): ------------------------ V.P.DILEEP, AGED 36 YEARS, S/O.KUTTINARAYANAN, VELIYAPARAMBIL HOUSE, CHERUKATTUPULAM PO., VANIYAMKULAM, PALAKKAD DISTRICT. BY ADVS. SRI.M.G.KARTHIKEYAN, SRI.NIREESH MATHEW. RESPONDENT(S): --------------------------- 1. THE DEPUTY COMMISSIONER OF EXCISE, PALAKKAD - 678 001. 2. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, OTTAPALAM, PALAKKAD DISTRICT - 678 001. 3. OTTAPALAM TALUK CHETHU THOZHILALI UNION (CITU), REG. NO.118/75, PATTAMBI PO, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY - 678 001. R1 & R2 BY SR.GOVERNMENT PLEADER SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 36408 OF 2010 -------------------------- Dated this the 7th day of December, 2010 J U D G M E N T The petitioner was the licencee of toddy shops in Group No.X of Ottapalam Range during the year 2007-2008. At the time of allotment of shops, he had remitted Rs.1,85,000/-, being one month's wages payable to the workers of the toddy shop, as security in the Treasury Savings Account in terms of rule 5(7) of the Kerala Abkari Shops Disposl Rules, 2002. The petitioner submits that he is not presently in the business and that the claims of the workers have been settled. The petitioner submits that though he had submitted Ext.P1 representation before the Deputy Commissioner of Excise along with a copy to the second respondent requesting for refund of the sum of Rs.1,85,000/- deposited by him as security, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to respondents 1 and 2 to refund the security deposit of Rs.1,85,000/- within a time limit to be fixed by this Court. 2. The question whether the petitioner is entitled to refund of the entire sum of Rs.1,85,000/- deposited by him as security or any part thereof would depend upon the claim if any put forward by the WPC No.36408/2010 2 workers. Though the petitioner claims relying on Ext.P2 that no amount is payable to the workers, I am of the opinion that at least in the first instance respondents 1 and 2 should enquire into the same and take an appropriate decision in the matter. I accordingly dispose of this writ petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P1 after notice to and affording the petitioner and the third respondent a reasonable opportunity of being heard. A final decision on Ext.P1 shall be taken by the first respondent expeditiously and in any event within six weeks from the date on which the petitioner produces a certified copy of this judgment before him. P.N.RAVINDRAN, (JUDGE) vps WPC No.36408/2010 3 WPC No.36408/2010 4