IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 17042 of 2010(E) ------------------------------------- PETITIONER(S): ------------------------ 1. SUNILKUMAR, AGED 40 YEARS, S/O.BALACHANDRAN, PUNNAKKATHARAYIL HOUSE, MATHILAKAM P.O., THRISSUR DISTRICT. 2. P.K.SUBRAMANIAN, S/O.KUMARAN, PUNNAKKATHARAYIL HOUSE, MATHILAKAM P.O., THRISSUR DISTRICT. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENT(S): -------------------------- 1. TAHSILDAR, KODUNGALLUR TALUK, KODUNGALLUR. 2. DEPUTY TAHSILDAR (RR), KODUNGALLUR TALUK, KODUNGALLUR. 3. THE TODDY WORKERS WELFARE FUND BOARD, REPRESENTED BY WELFARE FUND INSPECTOR, THRISSUR. 4. STATE OF KERALA REPRESENTED BY DEPARTMENT OF LABOUR AND REHABILITATION, SECRETARIAT, THIRUVANANTHAPURAM. 5. P.N.RAJENDRAPRASAD, S/O.LATE NARAYANAN, POLAKULATH HOUSE, KODUNGALLUR, THRISSUR DISTRICT. 6. P.N.RAGHUNANDANAN, S/O.LATE NARAYANAN, POLAKULATH HOUSE, KODUNGALLUR, THRISSUR DISTRICT. 7. P.S.ATHMAN, S/O.LATE SANKARANARAYANAN, PULIKKAL HOUSE, NELLAI P.O., THRISSUR DISTRICT. W.P.(C) NO.17042/2010 8. P.K.SOMANATHAN, S/O.LATE KITTU, PUNNAKKAPARAMBIL HOUSE, KOTTAMMURI, CHAKKAMPARTAMBU P.O., MALA, THRISSUR DISTRICT. 9. P.P.SUKUMARAN, PULIKKAL HOUSE, PUTHANCHIRA P.O., THRISSUR DISTRICT. BY ADV. SRI.RENIL ANTO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.17042 of 2010 ------------------------------------------- Dated this the 2nd July, 2010 JUDGMENT The petitioners have filed this Writ Petition challenging the Revenue Recovery action initiated against them for the recovery of Toddy Workers Welfare Fund contributions. 2. The petitioners along with 13 others had formed a partnership firm by name Amruth Liquors as per Ext.P1 agreement. Pursuant to the said agreement, the license for conducting Toddy Shop Nos.1 to 86 of Kodungallur range for the abkari year 1999-2000 was bid in auction in the name of five partners including the petitioners. Since there was difference of opinion between the partners, some of them withdrew withdrawn from the partnership agreement. According to the petitioners, the Welfare Fund Inspector had conducted an enquiry and assessed the welfare fund contribution in respect of the said shops. The said assessment was challenged by two of the partners before the Government by filing an appeal. The Government set aside the said assessment and remitted wpc No.17042/2010 2 the matter back to the Welfare Fund Inspector for fresh assessment. According to the petitioners, thereafter no enquiry has been conducted and the matter is kept pending. At present, Revenue Recovery proceedings have been initiated for recovery of the welfare fund contributions from the other partners on the ground that the persons who had not challenged the assessment order could not get the benefit of the order passed by the Government, setting aside the assessment. Accordingly, the petitioners have now been issued with a Revenue Recovery notice which is Ext.P7. The petitioners therefore challenge Ext.P7. As per Ext.P5, the share due from each of the petitioners has been fixed and therefore, the same is also challenged herein. 3. Adv.Renil Anto who appears for the third respondent submits that an enquiry is in progress, for the purpose of passing the final determination order in respect of Toddy Shop Nos.1 to 86 of Kodungallur range for the abkari year 1999-2000. It is submitted that notices have been issued to the petitioners and that they are participating in the enquiry. Any amount would be wpc No.17042/2010 3 recovered only after passing the final determination order pursuant to the enquiry. In view of the above submission, this Writ Petition can be disposed of directing the proceedings to be expedited and keeping the Revenue Recovery proceedings in abeyance till final orders are issued by the third respondent. 4. In the above circumstances, this Writ Petition is disposed of directing the third respondent to complete the assessment proceedings and to pass final determination orders in respect of the petitioners in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Pending issue of such final determination orders against the petitioner, further proceedings based on or pursuant to Exts.P5 and P7 shall be kept in abeyance. No costs. K.SURENDRA MOHAN, JUDGE css/