Biju Gopalan vs The Welfare Fund Inspector on 5 March, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7186 of 2009(P)


1. BIJU GOPALAN, AGE 37
                      ...  Petitioner

                        Vs



1. THE WELFARE FUND INSPECTOR
                       ...       Respondent

2. THE ASSISTANT EXCISE COMMISSIONER

                For Petitioner  :SRI.RENJITH B.MARAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :05/03/2009

 O R D E R
                     ANTONY DOMINIC,J.
               -----------------------
                 W.P.(C).No.7186 OF 2009
              ------------------------
             Dated this the 5th day of March, 2009.

                          JUDGMENT

Heard both sides.

The prayer in this writ petition is to direct the first

respondent to issue clearance certificate to the petitioner with

respect to the toddy shop Nos.16,17,44,54 and 66 of

Muvattupuzha Excise Range. Admittedly, final determination

order has not been passed and in such circumstances under

Rule 5(3) of the Kerala Abkari Shops Disposal Rules, the

petitioner is entitled to get the clearance certificate on

payment of the 50% of the outstanding amount in respect of

the shops referred above.

Accordingly, the writ petition is disposed of directing that

the Ist respondent shall issue clearance certificate to the

petitioner, on paying 50% of the outstanding dues in respect

of the shops referred above.

(ANTONY DOMINIC)
JUDGE
vi/