U.P. THYAGU Vs. WELFARE FUND INSPECTOR

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, learned standing counsel for the first respondent and the learned Government Pleader appearing for respondents 2 to 4.

(2.) PETITIONER was the licensee of toddy shop No.2 of Varkala Range, during the year 2007-08. He is now facing revenue recovery proceedings as per Ext.P4 notice issued under sections 7 and 34 of the Revenue Recovery Act for the recovery of Rs.54,744/- towards dues under the Toddy Workers Welfare Fund Act. According to the petitioner, the security deposit made with the second respondent under the provisions of the Kerala Abkari Shops Disposal Rules, 2002 should be adjusted towards the liability and it is with that prayer, this writ petition is filed.

(3.) THEREFORE , I dispose of this writ petition directing the second respondent to verify whether the petitioner has any liability towards workers dues which is to be appropriated from the security deposits already made. It is directed that on such verification and appropriation, the available security deposit should be released to the first respondent for appropriation towards the liability of the petitioner under the Toddy Workers Welfare Fund Act. It is made clear that once the transfer is made and if there is any further liability, it will be open to the respondents to continue with the revenue recovery proceedings.