K.G SATHYANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is one of the licensees of toddy shop No.1 to 7 in Group No.1 of Kilimanoor range for the year 2007-08. The revenue recovery proceedings imitated against him towards the arrears of Toddy Workers welfare Fund for the year 2007-08 is under challenge in this writ petition.

(2.) The case of the petitioner is that the 3rd respondent was the person, who was actually conducting the business and that license fee was paid by him. According to him, a sum of Rs.34,480/- was remitted by the petitioner on 01.06.2008, towards the contribution which was payable by him for the year 2007-08. In support of this the petitioner has produced Ext.P1 certificate issued by the General Secretary of Kerala Toddy and Abkari Workers Congress, issued on 01.06.2008. Petitioner claims that no arrears was due from him and that the Toddy Workers Welfare Fund Inspector has issued Ext.P2 certificate to that effect. In Ext.P2 certificate it is stated that the determination order under Section 8, for the period W.P.(C) No.5801/17 from 01.07.2007 to 31.03.2008, has not been issued and therefore it has to be presumed that arrears are not due from the petitioner for the period 2007-08. However, Ext.P2 only says that arrears were not due since the final determination order under Section 8 was not passed as on that day.

(3.) The petitioner further claims that a sum of Rs.17,459/- is due to him as can be seen from Ext.P3, towards refund of security amount in respect of T.S.No. 16 of Chirayankeezhu Taluk for the period from 2002- 2007. The petitioner has got a further case that the 3 rd respondent, who was conducting the business for and on behalf of others in the group including the petitioner, is evading his responsibility and is not making the payment. He also contends that the respondents are colluding with the 3rd respondent and no action is taken against him for recovery of the amount from him despite Ext.P4 judgment of this Court in which there was a direction to pass final orders on his representation in respect of the dues towards the Toddy Workers Welfare Fund.