IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 7611 of 2011(B) -------------------------------------- PETITIONER(S): ---------------------- R. RADHAKRISHNAN, S/O. RAMAN, MANIKANTANCHIRA PUTHENVEEDU, PULIPARA, KADAKKAL, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL, SRI.SAIJU S., SRI.T.PRASAD. RESPONDENT(S): -------------------------- 1. THE DEPUTY COMMISSIONER OF EXCISE, EXCISE COMPLEX, CHINNAKKADA, KOLLAM-691 001 2. THE EXCISE RANGE INSPECTOR, CHADAYAMANGALAM EXCISE RANGE, CHADAYAMANGALAM. P.O, KOLLAM DISTRICT, PIN - 691 534. 3. THE WELFARE FUND INSPECTOR, KERALA TODDY WORKER WELFARE FUND BOARD, CHINNAKKADA, KOLLAM - 691 001. R1 & R2 BY GOVT. PLEADER MR.A.J. VARGHESE. R3 BY ADV. SRI.RENIL ANTO, SC, KTWWF BOARD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 7611 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FILED ON APPLICATION BEFORE THE 1ST RESPONDENT. EXT.P2: COPY OF THE DETERMINATION ORDER NO.E3-KLM/CHAD/9/08-09 DATED 30/07/2010/4546 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.7611 OF 2011 -------------------------------------------- Dated this the 9th day of June, 2011 JUDGMENT The petitioner was the licencee in respect of toddy shop No.7 of Chadayamangalam Excise Range during the abkari year 2006-07 and was the licencee in respect of toddy shop Nos. 6-10 of the same Excise Range during the abkari years 2008-09 and 2009-10. The petitioner had deposited the prescribed amount as deposit towards advance rental charges to run the aforesaid shops. For enabling the petitioner to get refund of the amount thus deposited by him towards advance rental charges, a 'No Liability Certificate' from the third respondent is required. The petitioner approached the third respondent with a prayer to issue such a certificate. However, the said prayer was declined by the third respondent as per Ext.P2. The stand of the third respondent as revealed from Ext.P2 and also the statement filed in this Writ Petition is that one Sri.Ramakrishnan who had associated with the petitioner to conduct toddy shop Nos.6 to 10 of Chadayamangalam Excise Range during the period 2009-10, had committed default in payment towards the Toddy Workers Welfare Fund while he was conducting toddy shop Nos.4, 6, 7, 10, 12, 22, 26, 28, 30, 34 W.P.(C) NO.7611/2011 2 and 35 of Kottarakkara Excise Range during the year 2006-2007 and therefore, the petitioner is liable to effect payment of the said amount in default. On account of the same, the said Ramakrishnan is liable to pay Rs.5,87,764/-. Unless and until the said amount is paid, the petitioner is not entitled to get 'No Objection Certificate'. It is challenging the said order that this Writ Petition has been filed. 2. A statement has been filed on behalf of the third respondent. A perusal of the said statement would reveal that the third respondent did not have a case that the petitioner had committed any default in the matter of payment towards the Toddy Workers Welfare Fund in any abkari year, more particularly in respect of toddy shop Nos. 6 to 10 of Chadayamangalam Excise Range during the period 2009-2010. In paragraph 3 of the statement, it has been stated that the said Sri.Ramakrishnan is a defaulter to the Kerala Toddy Workers Welfare Fund in connection with the conduct of T.S.Nos.4, 6, 7, 10, 12, 22, 26, 28, 30, 34, 35 of the Kottarakkara Range to the tune of Rs.5,87,767/- for the year 2006-'07 and T.S.Nos.3, 5, 9, 10, 11, 15, 18, 19, 20, 23, 25 of Chadayamangalam Range to the tune of Rs.3,29,399/- for the year 2006-'07. Thus, admittedly, it is the said Sri.Ramakrishnan who is the defaulter. The stand of the third respondent is that Sri.Ramakrishnan once W.P.(C) NO.7611/2011 3 associated with the petitioner and therefore, the petitioner as also the said Sri.Ramakrishnan are jointly and severally liable to pay the Toddy Workers Welfare Fund dues. When the admitted position is that the petitioner had not committed any default in effecting payment towards the Toddy Workers Welfare Fund and he had no connection with the conduct of T.S.Nos.4, 6, 7, 10, 12, 22, 26, 28, 30, 34 & 35 of Kottarakkara Excise Range in the year 2006-2007 and also T.S.Nos.3, 5, 9, 10, 11, 15, 18, 19, 20, 23 and 25 of Chadayamangalam Excise Range, I am of the view that there is absolutely no justification for the third respondent to take such a stand. The learned standing counsel appearing for the third respondent could not bring any provision to my notice whereby the petitioner could be saddled with such a liability. In the circumstances, there is no justification in denying 'No Liability Certificate' to the petitioner citing the aforesaid reason. Accordingly, this Writ Petition is disposed of with a direction to the third respondent to consider the question of granting 'No Liability Certificate' to the petitioner in respect of toddy shop No.7 of Chadayamangalam Excise Range for the abkari year 2006-07 and Group No.II for the abkari year 2008-09, 2009-2010 expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment without looking into the liability of said Sri.Ramakrishnan for W.P.(C) NO.7611/2011 4 the aforesaid purpose. On receipt of such 'No Liability Certificate' from the third respondent, the first respondent shall take appropriate steps, in accordance with law, to release the advance rental charges to the petitioner for the aforesaid period. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.7611/2011 5 C.T. RAVIKUMAR, J. JUDGMENT September, 2010