IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 24444 of 2010(E) --------------------------------------- PETITIONER: ------------------- K. ANIL KUMAR, S/O. LATE KARUNAKARAN, AMBALAKARA HOUSE, PULAMON.P.O., KOTTARAKKARA, KOLLAM (FROM SREEVILASOM, EZHUKONE, KOTTARAKKARA). BY ADVS. SRI.B.MOHANLAL, SRI.C.SINOY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND, DISTRICT OFFICE, Q.S. ROAD, KOLLAM – 691 001. 3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), TALUK OFFICE, KOTTARAKKARA .P.O., KOLLAM, PIN – 691 506. 4. THE VILLAGE OFFICER, EZHUKONE VILLAGE, KOTTARAKKARA.P.O., KOLLAM, PIN – 691 506. 5. SRI. PRABHAKARAN, PLAVILA VEEDU, KOTTUKKAL.P.O., ANCHAL, KOTTARAKKARA, KOLLAM DISTRICT, PIN – 691 519. 6. SRI. SUNNY ABRAHAM, REGHU VILASOM, AIKKARAKONAM, VALACODE.P.O., PUNALUR, KOLLAM DISTRICT, PIN – 691 331. R1, R3 & R4 BY GOVT. PLEADER SRI. BIJOY CHANDRAN, R2 BY SRI. RENIL ANTO KANDAMKULATHY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.R.RAMACHANDRA MENON, J --------------------------- W.P(C) No.24444 of 2010-E ---------------------------- Dated this the 4th day of August, 2010. J U D G M E N T The petitioner has approached this Court with the following prayers: “i) To call for the records leading to Ext.P1 to P3 and issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P1 to P3 and the proceedings against the petitioner towards the liability of the Toddy Workers Welfare Fund in respect of T.S.No.55 to 96 of Chadayamangalam Excise Range for the Abkari year 1997-1998. ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to extend the benefit of Amnesty Scheme to the petitioner and till then Recovery Proceedings including Revenue Recovery pursuant to Ext.P1 to P3 may be kept in abeyance. iii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Ext.P4 by extending the benefit of Amnesty Scheme to the petitioner and till then Recovery Proceedings including Revenue Recovery pursuant to Ext.P1 to P3 may be kept in abeyance. iv) Issue such other relief's as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 2. The learned counsel for the petitioner submits that, similar issues have already come up for consideration before this Court, wherein Ext.P5 judgment has been passed directing the first W.P(C) No.24444 of 2010-E 2 respondent to consider the representation preferred by the petitioner concerned and to have it finalized as specified, simultaneously intercepting the coercive proceedings till such time. 3. Heard the learned Government Pleader appearing for the respondents 1, 3 and 4 and the learned standing counsel appearing for the second respondent. 4. Considering the limited nature of the relief sought for and proposed to be given, this Court does not find it necessary to issue notice to the 5th and 6th respondents, for the time being. 5. The learned Government Pleader points out that Ext.P4 has been preferred before the Minister for Labour and if at all the matter has to be considered, the petitioner will have to file a proper representation before the first respondent. 6. In the above circumstances, the petitioner is permitted to prefer a proper representation, seeking for redressal of the grievance before the first respondent within 'two weeks' from the date of receipt of a copy of this judgment; on which event, the same shall be considered and finalized by the first respondent in accordance with law, of course after giving an opportunity of hearing to the petitioner, at the earliest, at any rate, within three W.P(C) No.24444 of 2010-E 3 months. The petitioner shall satisfy the principal amount of Rs.85,146/- by way of 'two' equal monthly instalments; the first of which shall be effected on or before the 30th of this month and the next instalment shall be effected on or before the 30th of September 2010. It is made clear that till appropriate orders are passed on Ext.P4 representation, all further coercive proceedings shall be kept in abeyance. The Writ Petition is disposed of as above. P.R.RAMACHANDRA MENON JUDGE ab