Mathew Joseph vs The Deputy Commissioner Of Excise
2022 Latest Caselaw 179 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                  THE HONOURABLE MR. JUSTICE SATHISH NINAN
         TUESDAY, THE 11TH DAY OF JANUARY 2022 / 21ST POUSHA, 1943
                           WP(C) NO. 16172 OF 2021
PETITIONER:

              MATHEW JOSEPH
              AGED 64 YEARS
              S/O.JOSEPH, THAREMUTTATHU HOUSE,
              VETTAMPARA.P.O, KOTHAMANGALAM,
              ERNAKULAM DISTRICT.

              BY ADVS.
              M.G.KARTHIKEYAN
              NIREESH MATHEW



RESPONDENTS:

     1        THE DEPUTY COMMISSIONER OF EXCISE
              IDUKKI, OFFICE AT THODUPUZHA,
              EXCISE DIVISION OFFICE, EXCISE COMPLEX,
              THODUPUZHA EAST .P.O, THODUPUZHA-685585, IDUKKI DISTRICT.

     2        THE CIRCLE INSPECTOR OF EXCISE,
              EXCISE CIRCLE OFFICE, UDUMBANCHOLA, NEDUMKANDAM.P.O, IDUKKI
              DISTRICT,
              PIN-685553.

     3        THE WELFARE FUND INSPECTOR
              (IDUKKI), KERALA TODDY WORKERS WELFARE FUND BOARD,
              HOUSING COLONY, VENGALLOOR.P.O, THODUPUZHA,
              IDUKKI DISTRICT, PIN-685608.

     4        THE CHETHU THOZHILALI UNION(INTUC),
              NEDUMKANDAM, IDUKKI DISTRICT, REPRESENTED BY ITS
              SECRETARY,RAJU EDATHVA,AGED 65 YEARS,
              S/O.JOSEPH, RESIDING AT VALLAPPURAKKAL HOUSE, PACHADI.P.O,
              NEDUMKANDAM, IDUKKI DISTRICT,
              PIN-685553.

     5        T.G.SURESH,
              NOW RESIDING AT THOLANMAKKAL HOUSE, SANYASIODA P.O, BALAGRAM,
              NEDUMKANDAM,
              IDUKKI DISTRICT,PIN-685515.
 WP(C) NO. 16172 OF 2021                 -2-


     6      IDUKKI JILLA MADHYA VYAVASAYA MAZOOR SANGH(BMS),
            NEDUMKANDAM, IDUKKI DISTRICT, REPRESENTE DBY ITS GENERAL
            SECRETARY, V.N.RAVEENDRAN, RESIDING AT VADAYATTIL HOUSE,
            AANAVIRATTI.P.O, KOOMBANPARA, IDUKKI, PIN-686515.

     7      THE HIGH RANGE CHETHU THOZHILALI UNION(CITU),
            NEDUKANDAM, IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY,
            K.M.SASIDHARAN, S/O.MADHAVAN,
            RESIDING AT ARUN NIVAS, NEDUMKANDAM.P.O, THANNIMOODU, IDUKKI
            DISTRICT,PIN-685553.

            BY ADVS.
            SMT.RESMI K.M., SR. GOVT. PLEADER
            G.SANTHOSH KUMAR (P).
            N.P.PRAJEESH




     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
11.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                     SATHISH NINAN, J.
           = = = = = = = = = = = = = = = = = =
                 W.P.(C) No.16172 of 2021
           = = = = = = = = = = = = = = = = = =
         Dated this the 11th day of January, 2022

                       J U D G M E N T

Petitioner was the licensee for conducting toddy

shops in Group No.IV in Kattappana Excise Range, for the

Abkari Year 2019-20 (from 11.12.2019 to 31.03.2020). The

petitioner had deposited an amount of ` 4,51,000/- in

the treasury being the amount equivalent to one month

wages to the workers, towards security. The petitioner

has not conducted his business after that period. He

claims release of the security deposit.

2. Heard Sri.M.G.Karthikeyan learned counsel for

the petitioner, the learned Senior Government Pleader on

behalf of respondents 1 and 2, and Sri.G.Santhosh Kumar

learned Standing Counsel for the third respondent.

3. Ext.P6 is the proceedings of the third

respondent Welfare Board which indicates that there are

no dues. It is seen from Ext.P3 that, the deposit was W.P.(C) No.16172 of 2021

not refunded by the authorities for the reason that it

has not been ascertained whether any amounts are payable

to respondents 4 and 6 Union, and also that the 5 th

respondent raised an objection claiming that he is an

employee to whom wage arrears are payable by the

petitioner.

4. In spite of service of notice on respondents 4

to 7 there is no appearance.

5. Rule 5(10) of the Kerala Abkari Shops (Disposal)

Rules 2002 provides that,

"...The bank guarantee or the amount in the account pledged

in favour of the Deputy Commissioner of Excise shall not be

released to the grantee until he proves to the satisfaction of

the Deputy Commissioner of Excise that the wages and other

benefits to the workers have been paid in full."

The learned counsel for the petitioner submits that it

would suffice if the first respondent considers and

passes orders on Ext.P1 request for re-fund with due

notice to respondents 3 to 7 but without further delay. W.P.(C) No.16172 of 2021

6. The request is only reasonable.

7. Accordingly, the writ petition is disposed of

directing the first respondent to consider and pass

orders on Ext.P1 request for refund of the security

deposit, with due notice to the petitioner and

respondents 3 to 7, as expeditiously as possible and at

any rate within a period of two months from the date of

receipt of a copy of this judgment. Ext.P6 proceedings

of the third respondent shall also be taken into

consideration while passing orders.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 16172/2021

PETITIONER EXHIBITS

Exhibit P1 PHOTOCOPY OF THE APPLICATION DATED 17.02.2021 SUBMITTED BEFORE THE 1ST RESPONDENT

Exhibit P2 PHOTOCOPY OF THE CERTIFICATE DATED 12.02.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 PHOTOCOPY OF THE LETTER DATED 03.04.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P4 PHOTOCOPY OF THE LETTER DATED 13.07.2021 SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit P5 PHOTOCOPY OF THE LETTER DATED 14.07.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P6 PHOTOCOPY OF THE FIINAL DETERMINATION ORDER NO.B2/KATTAPPANA/GROUP-IV/14,15 ETC./2019- 20/PART-II DATED 18.01.2021 PASSED BY THE 3RD RESPONDENT.

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