T.A.Ashokan vs The Welfare Fund Inspector
2023 Latest Caselaw 410 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                        WP(C) NO. 5299 OF 2013
PETITIONERS:

    1     T.A.ASHOKAN
          THAYYIL VEEDU, KANIMANGALAM P.O, THRISSUR DISTRICT
    2     T.A. MUKESH
          THAYYIL VEEDU, KANIMANGALAM P.O, THRISSUR DISTRICT
    3     ANURADHA
          THAYYIL VEEDU, KANIMANGALAM P.O, THRISSUR DISTRICT
          BY ADVS.
          SRI.K.K.BABU
          SMT.N.N.GIRIJA


RESPONDENTS:

    1     THE WELFARE FUND INSPECTOR
          KERALA TODDY WORKERS WELFATE FUND BOARD, D.P.O ROAD,
          THOTTUMKAL, PALAKKAD 678104
    2     THE TAHSILDAR (R.R)
          THRISSUR TALUK, TALUK OFFICE, THRISSUR 20
    3     THE ADDITIONAL SECRETARY TO GOVERNMENT
          LABOUR & REHABILITAITON (S) DEPARTMENT, GOVERNMENT OF
          KERALA, SECRETARIAT, THIRUVANANTHAPURAM


          SRI.G.SANTHOSH KUMAR,SC(KTWWFB),
          SRI.RENJITH.T.R,SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5299 OF 2013

                                   2




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C).No. 5299 of 2013
     ----------------------------------------------
     Dated this the 11th day of January, 2023


                          JUDGMENT

The above Writ Petition is filed with the following

prayers:

"(i) issue a writ of mandamus or other appropriate writ, order or direction to the Respondents 1 and 2 not to recover the interest on the principal amount assessed as per Exhibit P-9 order;

(ii) issue a direction to the Respondents 1 and 2 to drop all the recovery proceedings against the petitioners after accepting cash security for the determined amount; and

(iii) such other reliefs as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case."[SIC]

2. When this writ petition came up for

consideration, Adv.G.Santhosh Kumar, the learned

Standing counsel appearing for the 1st respondent WP(C) NO. 5299 OF 2013

submitted that the entire amount due based on Ext.P10

order is received. If that is the case, nothing survives

in this case.

Therefore, recording the above submission, this

writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 5299 OF 2013

APPENDIX OF WP(C) 5299/2013

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF FINAL DETERMINATION ORDER NO.B2/P9/GROUP 17,20/T.S 127, 128, 133, 136/95-96 DATED 31.1.1998 PASSED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF GOVERNMENT ORDER G.O.

(RT) NO.468/99/LBR DATED 20.2.1999 PASSED BY THE JOINT SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION (S) DEPARTMENT, GOVERNMENT OF KERALA. EXHIBIT P3 TRUE COPY OF APPLICATION DATED 11.9.2001 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF LETTER DATED 7.4.2011 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT SHOWING THE DETAILS OF AMOUNT TO BE RECOVERED UNDER REVENUE RECOVERY ACT FROM THE PETITIONERS EXHIBIT P5 TRUE COPY OF APPLICATION DATED 25.11.2011 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P6 TRUE COPY OF PRE-ASSESSMENT NOTICE DATED 10.5.2012 ISSUED TO THE PETITIONERS BY THE 1ST RESPONDENT EXHIBIT P7 TRUE COPY OF OBJECTION DATED 23.6.2012 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF FINAL DETERMINATION WP(C) NO. 5299 OF 2013

ORDER NO.B2/P9/GROUP-17,20/T.S NO.127,128,135,136/95-96 DATED 30.6.2012 PASSED BY THE 1 RESPONDENT ST

EXHIBIT P9 TRUE COPY OF ORDER NO.38/2013/LABOUR/ DATED 4.1.2013 PASSED BY THE 3D RESPONDENT EXHIBIT P10 TRUE COPY OF LETTER NO.B2/KOLLAMKODE/ GROUP 17,20/95-96/292/12-13 DATED / 1/13 ISSUED BY THE RESPONDENT.

RESPONDENTS EXHIBITS : NIL
        //TRUE COPY//                PA TO JUDGE