RARICHAN GEORGE Vs. CHIEF WELFARE FUND INSPECTOR

JUDGEMENT

(1.) THE petitioner is the licensee of toddy shops Nos.4, 5, 7, 8, 9, 10 and 19 of Kattappana Excise Range. THE petitioner claims that he is entitled to preference under rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002 for allotment of toddy shops in the year 2011-12, if he produces a clearance certificate from the second respondent in terms of rule 5(3)(iii) of the said rules. In this writ petition the petitioner seeks a direction to the second respondent to issue a clearance certificate to enable him to participate in the sale of the right to run toddy shops during the ensuing year 2011-2012, on payment of 50% of the arrears of contribution payable to the Toddy Workers Welfare Fund.

(2.) I heard Sri.Joice George, learned counsel appearing for the petitioner and Sri.Renil Anto, learned standing counsel appearing for the respondents. Shorn of details what the petitioner seeks is the benefit of rule 5(3)(iii) of the Kerala Abkari Shops Disposal Rules 2002 which stipulates that no applicant shall be eligible for the privilege of any group of toddy shops if he is a defaulter of abkari arrears, sales tax or any other arrears due to the Kerala Toddy Workers Welfare Fund or the Kerala Abkari Workers Welfare Fund unless he produces from the Circle Inspector of Excise, Sales Tax Officer, the Authority of the said Welfare Fund Board or any other officer authroised in this behalf, as the case may be, a certificate to the effect that no dues are outstanding against him or that he has remitted before the date of sale, 50% of the arrears pending against him as on the date of the sale notification. In such circumstances I dispose of the writ petition with a direction that in the event of the petitioner submitting an appropriate representation before the second respondent requesting for a clearance certificate and expressing willingness to remit 50% of the amount due from him, the second respondent shall issue a chalan in the prescribed form to the petitioner so as to enable him to remit 50% of the amount due from him. Upon such payment being made and proof being produced, the second respondent shall, within three days from the date of production of the proof of payment of 50% of the amount due from him, issue a clearance certificate in the prescribed form, if any, to the petitioner. It is clarified that the issuance of the clearance certificate will not result in discharge of the petitioner for the remaining 50% of the amount demanded.