V.K.Raghavan v. The Welfare Fund Inspector

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 WP(C).No. 337 of 2015 (N) -------------------------- PETITIONER :

--------------------- V.K.RAGHAVAN VAYALIL HOUSE, CHELAD P.O., KOTHAMANGALAM PIN - 686 691.

BY ADVS.SRI.K.K.BABU SMT.N.N.GIRIJA RESPONDENT(S) :

----------------------------

1. THE WELFARE FUND INSPECTOR KERALA TODDY WORKERS WELFARE FUND BOARD HOUSING COLONY, VENGALLOOR P.O., IDUKKI DISTRICT PIN - 685 608.

2. THE DEPUTY COMMISSIONER OF EXCISE EXCISE DIVISION OFFICE, ERNAKULAM -682 018.

R1 BY ADVS. SRI. RENIL ANTO, SC SRI.JOY GEORGE, SC R2 BY GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 337 of 2015 (N) ------------------------------------ APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P-1:

TRUE COPY OF DEMAND NOTICE NO.B3/MUPA 37 ETC/14-15/863 DATED 24.5.2014 ISSUED TO THE PETITIONER BY THE IST RESPONDENT.

EXT.P-2:

TRUE COPY OF REMINDER NOTICE NO.B3/MVPA/GRP.VI/14-15/RN/3894 DATED 8.10.2014 ISSUED TO THE PETITIONER BYTHE IST RESPONDENT.

EXT.P-3:

TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT DATED 18.11.2014 IN WPC NO.28783/2014.

EXT.P-4:

TRUE COPY OF CHALLAN DATED 18.12.2014 FOR THE PAYMENT OF RS.42,491/- TO THE KERALA TODDY WORKERS WELFARE FUND BOARD.

EXT.P-5:

TRUE COPY OF LETTER NO.E4-1600/14 DATED 31.12.2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 337 of 2015 - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2015

J U D G M E N T

Petitioner is the licensee of toddy shop Nos. 37,38,42,45, 67 and 70 in Group No.6 of Muvattupuzha Excise Range for the year 2014 to 2016. Admittedly, the petitioner has arrears pending in the earlier periods. Petitioner is desirous of renewing the licence for which rental fee has to be paid and clearance certificate obtained on or before 10.01.2015. Petitioner is aggrieved by the fact that no clearance certificate is being issued. Heard the counsel appearing for the respondent.

Petitioner submits that he is ready to pay 50% of the balance amount, as indicated in Kerala Abkari Shops Disposal Rules, 2002. Specifically by Rule 5(3)(iii), a defaulter of abkari, sales tax and welfare fund dues under the Toddy Workers or Abkari Workers Welfare Fund Act

WP(C).337/2015 have to produce clearance certificate from the competent officer that, no dues are outstanding or that 50% of the dues outstanding has been paid. If such deposit is made as per the Rules, there would be no interdiction in issuing the clearance certificate.

Going by the above provision, Rule 5(3)(iii), if the assessee remits 50% of the total arrears outstanding as on 31.12.2014, then the assessee shall be issued with clearance certificate. The second respondent, on the petitioner making the payment of 50% of arrears due as on 31.12.2014, shall immediately, without fail, issue clearance certificate.

Writ petition is disposed off.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge