Kerala High Court
U.P. Thyagu vs Welfare Fund Inspector on 17 March, 2008
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
TUESDAY, THE 2ND DAY OF APRIL 2013/12TH CHAITHRA 1935
WP(C).No. 7157 of 2013 (T)
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PETITIONER(S):
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U.P. THYAGU, AGED 48 YEARS,
S/O. UPENDRAN, CHANDU NIVAS, NJEKKADU,
VADASSERIKONAM.P.O., VARKALA, THIRUVANANTHAPURAM.
BY ADV. SRI.M.TRIPTEN
RESPONDENT(S):
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1. WELFARE FUND INSPECTOR,
TODDY WORKERS WELFARE FUND BOARD,
THIRUVANANTHAPURAM-695 001.
2. EXCISE DEPUTY COMMISSIONER,
OFFICE OF THE EXCISE DEPUTY COMMISSIONER,
THIRUVANANTHAPURAM-695 001.
3. DEPUTY TAHSILDAR (REVENUE RECOVERY),
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM-695 001.
4. VILLAGE OFFICER
CHEMMARUTHY VILLAGE OFFICE, NJEKKAD
THIRUVANANTHAPURAM-695001.
R2 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.JOSEPH GEORGE
R1 BY SRI.RENIL ANTO,SC,KTWWF BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02-04-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 7157 of 2013 (T) :: ::
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT.P1 TRUE COPY OF THE RECEIPT FOR RS. 32,569/- DATED 17-3-2008.
EXHIBIT.P2 TRUE COPY OF THE ORDER DATED 8-10-2010 OF THE 1ST
RESPONDENT.
EXHIBIT.P3 TRUE COPY OF THE REPRESENTATION/OBJECTION MADE BY
PETITIONER TO THE 1ST RESPONDENT OFFICE DATED 28-2-13.
EXHIBIT.P4 TRUE COPY OF THE REVENUE RECOEVERY NOTIC NO. G 11-556/13
OF THE 3RD RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
//true copy//
P.A. To Judge
sk/-
ANTONY DOMINIC, J.
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W.P(C).No.7157 of 2013
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Dated this the 2nd day of April, 2013
JUDGMENT
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.From the submissions made by the leaned Government Pleader, it appears that though Rs.1,44,000/- was deposited WPC.7157/13 2 towards the security deposit, the same can be released only if the petitioner has no liability towards the workers dues. It is stated that verification in this regard is still incomplete. Thus, the fact that the security deposit is available with the second respondent is confirmed. However, the same can be released only if the petitioner has no liability towards the workers dues or only if any part of the security deposit is available for release after adjustments towards liability, if any, in the workers dues. This can be confirmed only if verification has been conducted by the second respondent.
4. 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 WPC.7157/13 3 made and if there is any further liability, it will be open to the respondents to continue with the revenue recovery proceedings.
5.The process of verification will be completed as expeditiously as possible, at any rate, within 4 weeks of production of a copy of this judgment.
6. It is also clarified that in case, after the aforesaid process, any excess amount is left, it will be open to the petitioner to claim refund thereof.
Writ petition is disposed of as above.
Sd/-
ANTONY DOMINIC Judge kkb.2/4.