IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 7321 of 2009(I) ------------------------- PETITIONER(S): --------------- SMT.C.B.SYAMALATHA, D/O.C.V.KUNJIKUTTAN, KANICHUKULANGARA CHERTHALA. BY ADV. SRI.K.K.BABU RESPONDENT(S): --------------- 1. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, ALAPPUZHA. 2. ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. 3. DISTRICT COLLECTOR, ALAPPUZHA. 4. DEPUTY TAHSILDAR (R.R.) CHERTHALA, ALAPPUZHA. BY GOVT. PLEADER SRI. P.N. SANTHOSH BY SC SRI.KOSHY GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.7321 OF 2009 ------------------------ Dated this the 6th day of March, 2009. JUDGMENT Heard both sides. 2. The prayer in this writ petition is to direct the first respondent to issue a clearance certificate to the petitioner for renewing the licence of toddy shop Nos. 105 to 109 of Group 20 of Cherthala Range for the Abkari Year 2009-10. The request made in this behalf has been declined for the reason that the petitioner's deceased father was a defaulter to the respondents. 3. It is stated that disputing the liability that was fastened on the deceased father and on his death, on his legal representatives, a writ petition has been filed by one of the legal representatives as WP(c).No.34677/07, and this court has granted an order of stay of recovery and that the said order is still in force. It is also pointed out that in similar circumstances, in the previous year also, the WP(c).No.7321/09 /2/ petitioner approached this court and following Ext.P5 judgment rendered, clearance certificate was granted. 4. In my view, so long as Ext.P4 order remains in force there is no justification for declining clearance certificate on the ground that the petitioner's father was a defaulter. Therefore, it is clarified that the liability of the petitioner's father, which has been stayed by this court in WP(c). No.34677/07 cannot stand in the way of the respondent issuing clearance as sought for by the petitioner. Writ Petition is disposed of as above. ANTONY DOMINIC, vi JUDGE WP(c).No.7321/09 /2/