JOSEPH POTHEN, S/O OF LATE POTHEN THOMA Vs. WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD

JUDGEMENT

(1.) The petitioner's father-Pothen Thoma-had toddy vending license for Shop Nos. 40 to 42, in Thodupuzha Excise Range, for the Abkari years 1992-93 and 1994-95. At that time, to obtain the license, he offered 80 Ares of land, in Sy.No.571/2 of Purapuzha Village, in Thodupuzha Taluk, as security. But by the time his license came to an end, he fell in arrears of the contribution towards Toddy Workers Welfare Fund. He died on 06.09.2007.

(2.) The 1st respondent initiated recovery proceedings in 2007, apparently, after the death of the original licensee. The learned Standing Counsel submits that the proceedings may have began much earlier, but the notice was issued in 2007. The record only reflects that the 2nd respondent Tahsildar issued Ext.P1 demand notice on 19.10.2007. Then, the liability was Rs. 1,57,205/- besides interest.

(3.) The petitioner, one of the sons of the licensee, through Exts.P7 and P8, dated 06.06.2008 and 07.07.2008, paid Rs. 96,030/- and 38,798/- respectively, in response to Ext.P1 notice. Later, the petitioner and respondents 5 to 7 and 9, the children of the licensee, had the property partitioned. The 8th respondent, the mother, died pending this writ petition. Ext.P2, dated 21.02011, is the preliminary decree.