High Court Kerala High Court

Sunilkumar vs Tahsildar on 2 July, 2010

Kerala High Court
Sunilkumar vs Tahsildar on 2 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17042 of 2010(E)


1. SUNILKUMAR, AGED 40 YEARS,
                      ...  Petitioner
2. P.K.SUBRAMANIAN, S/O.KUMARAN,

                        Vs



1. TAHSILDAR, KODUNGALLUR TALUK,
                       ...       Respondent

2. DEPUTY TAHSILDAR (RR),

3. THE TODDY WORKERS WELFARE FUND BOARD,

4. STATE OF KERALA REPRESENTED BY

5. P.N.RAJENDRAPRASAD, S/O.LATE NARAYANAN,

6. P.N.RAGHUNANDANAN, S/O.LATE NARAYANAN,

7. P.S.ATHMAN, S/O.LATE SANKARANARAYANAN,

8. P.K.SOMANATHAN, S/O.LATE KITTU,

9. P.P.SUKUMARAN, PULIKKAL HOUSE,

                For Petitioner  :SRI.V.M.KRISHNAKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :02/07/2010

 O R D E R
                K.SURENDRA MOHAN, J.
             -------------------------------------------
                W.P.(C) No.17042 of 2010
             -------------------------------------------
               Dated this the 2nd July, 2010

                          JUDGMENT

The petitioners have filed this Writ Petition challenging

the Revenue Recovery action initiated against them for the

recovery of Toddy Workers Welfare Fund contributions.

2. The petitioners along with 13 others had formed a

partnership firm by name Amruth Liquors as per Ext.P1

agreement. Pursuant to the said agreement, the license

for conducting Toddy Shop Nos.1 to 86 of Kodungallur

range for the abkari year 1999-2000 was bid in auction in

the name of five partners including the petitioners. Since

there was difference of opinion between the partners,

some of them withdrew withdrawn from the partnership

agreement. According to the petitioners, the Welfare

Fund Inspector had conducted an enquiry and assessed

the welfare fund contribution in respect of the said shops.

The said assessment was challenged by two of the

partners before the Government by filing an appeal. The

Government set aside the said assessment and remitted

wpc No.17042/2010 2

the matter back to the Welfare Fund Inspector for fresh

assessment. According to the petitioners, thereafter no

enquiry has been conducted and the matter is kept

pending. At present, Revenue Recovery proceedings have

been initiated for recovery of the welfare fund

contributions from the other partners on the ground that

the persons who had not challenged the assessment order

could not get the benefit of the order passed by the

Government, setting aside the assessment. Accordingly,

the petitioners have now been issued with a Revenue

Recovery notice which is Ext.P7. The petitioners therefore

challenge Ext.P7. As per Ext.P5, the share due from each

of the petitioners has been fixed and therefore, the same is

also challenged herein.

3. Adv.Renil Anto who appears for the third

respondent submits that an enquiry is in progress, for the

purpose of passing the final determination order in respect

of Toddy Shop Nos.1 to 86 of Kodungallur range for the

abkari year 1999-2000. It is submitted that notices have

been issued to the petitioners and that they are

participating in the enquiry. Any amount would be

wpc No.17042/2010 3

recovered only after passing the final determination order

pursuant to the enquiry. In view of the above submission,

this Writ Petition can be disposed of directing the

proceedings to be expedited and keeping the Revenue

Recovery proceedings in abeyance till final orders are

issued by the third respondent.

4. In the above circumstances, this Writ Petition is

disposed of directing the third respondent to complete the

assessment proceedings and to pass final determination

orders in respect of the petitioners in accordance with

law, as expeditiously as possible and at any rate within a

period of two months from the date of receipt of a copy of

this judgment. Pending issue of such final determination

orders against the petitioner, further proceedings based

on or pursuant to Exts.P5 and P7 shall be kept in

abeyance.

No costs.

K.SURENDRA MOHAN,
JUDGE

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