IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 14951 of 2006(E) --------------------------------------- PETITIONER: ------------------- V.BIJU, VIJAYA BHAVAN, THURUTHY P.O., CHANGANACHERRY, KOTTAYAM DISTRICT. BY ADV. SRI.N.RAGHURAJ, ADV. SMT.K.AMMINIKUTTY. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, KOTTAYAM. 2. THE DEPUTY TAHSILDAR (R.R.), CHANGANACHERRY. 3. THE DISTRICT WELFARE FUND INSPECTOR, TODDY WORKER'S WELFARE FUND BOARD, ALAPPUZHA. 4. C.B.SHAJI, NALAYIRAM CHIRA, CHATHURTHYAKARI, KUTTANAD, ALAPPUZHA DISTRICT. BY GOVT. PLEADER SRI. NOBLE MATHEW, ADV. SRI.K.HARILAL, SC, KTWWF BOARD - R3, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14951/2006-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE POWER OF ATTORNEY EXECUTED BY THE MOTHER OF THE PETITIONER IN HIS FAVOUR. EXT.P.2: COPY OF THE BID LIST IN RESPECT OF T.S. NO.1 TO 142/97-98 EXCISE RANGE OFFICE, ALAPPUZHA. EXT.P.3: COPY OF THE NOTICE ISSUED TO THE PETITIONER U/S 7 OF REVENUE RECOVERY ACT, BY THE R.2. EXT.P.3.A: COPY OF THE NOTICE ISSUED TO THE PETITIONER U/S 34 OF REVENUE RECOVERY ACT, BY THE R.2. EXT.P.4: COPY OF THE ASSESSMENT ORDER DTD. 31/03/2005 ISSUED TO THE R.4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 14951 OF 2006 --------------------------------------- Dated this the 27th day of June, 2008. J U D G M E N T Petitioner is aggrieved since he is proceeded against recovery of dues towards Toddy Workers' Welfare Fund though he is a Power of Attorney holder of the licensee. Exhibits P1 and P2 would prima facie show that fourth respondent was the person who was conducting the shop whose is the primary liability to pay the contribution. There is already an interim order protecting the interest of the petitioner. This writ petition is disposed of in terms of the interim order with a further direction to proceed against the fourth respondent and the licensee. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 14951 OF 2006 J U D G M E N T 27.06.2008