Madhusoodana Panicker vs The Kerala Toddy Workers Welfare ...
2021 Latest Caselaw 9934 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.6927 OF 2021(M)


PETITIONER:

               MADHUSOODANA PANICKER
               AGED 63 YEARS
               S/O LATE REGHAVAN,
               RESIDING AT EDAKULATH HOUSE,
               PATTANAKKAD.P.O,
               CHERTHALA-688531.

               BY ADVS.
               SRI.P.V.JAYACHANDRAN
               SRI.NIDHI BALACHANDRAN

RESPONDENTS:

      1        THE KERALA TODDY WORKERS WELFARE FUND BOARD,
               ULLOOR,
               THIRUVANANTHAPURAM,
               REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
               PIN-695044.

      2        THE DISTRICT TODDY WORKERS WELFARE FUND INSPECTOR,
               KERALA TODDY WORKERS WELFARE FUND BOARD,
               MULLATAHUVALAPPU,
               ALAPPUZHA,
               PIN-688012.

               R2 BY ADV. SRI.G.SANTHOSH KUMAR (P).

OTHER PRESENT:

               SC,SRI.K.D BABU

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).6927/2021                      2



                               JUDGMENT

Petitioner is the licensee of toddy shops of group No.VII of

Kuthiathodu Excise Range under the Alappuzha division. Three toddy

shops in the above group were licensed to the petitioner and another for

the year 2020-2021. For the renewal of license and to claim privilege,

petitioner applied for the clearance certificate from the Toddy Workers

Welfare Fund Board. According to the petitioner, the entire amount due

to the Toddy Workers Welfare Fund has been remitted by him. The

learned Standing Counsel for the Respondents 1 and 2 submitted that

the petitioner has remitted the entire arrears. He placed reliance on

Rule 5(3)(iii) of Kerala Abkari Disposal Rules, 2002 to contend that,

even on remittance of 50% arrears towards the above amount, he is

entitled for the issue of the clearance certificate.

2. In the light of the above submission, which is recorded, I am

inclined to allow the Writ Petition directing the second respondent to

issue clearance certificate to the petitioner for the renewal of the

license for the period 2021-2022, immediately on production of a copy

of this judgment.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                                   JUDGE





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE

LICENSES NO.34/2020,IN RESPECT OF TODDY SHOPS NO.33 AT KANNATT

EXHIBIT P2 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE LICENSES NO.35/2020 IN RESPECT OF TODDY SHOP NO.34 AT VALAMANGALAM

EXHIBIT P3 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE LICENSES NO.37/2020 IN RESPECT OF TODDY SHOP NO.36 AT PARAYAKAD.

EXHIBIT P4 TRUE PHOTOCOPY OF THE RECEIPT DATED 8.3.2021

EXHIBIT P5 TRUE PHOTOCOPY OF THE REQUEST DATED 15.3.2021

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C)NO.9316/2018 DATED 19/03/2018.

EXHIBIT P7 TRUE COPY OF JUDGMENT IN WP(C)NO.7545/2019 DATED 20/03/2019.