Sudheesh vs District Collector And Ors

The petitioner is a licencee of Toddy shops group No.10 of Cherpulasseri Excise Range in Palakkad Division since several years. He has defaulted in payment of Toddy Workers Welfare Fund and now he is seeking instalments for payment of the balance amount due and payable by him as per the communication at Ext.P1.

Learned counsel for the petitioner submits that the petitioner is not disputing the amount due and payable. But he wants instalments for payment of the amount claimed by the 2nd respondent towards Welfare fund meant for toddy workers as per the provisions of the Kerala Toddy Workers welfare Fund Act (hereinafter referred to as 'the Act').

Learned Standing counsel appearing for the 2nd respondent submits that the petitioner, on earlier occasions had preferred W.P.(C). No.29952 of 2019 and 4875 of 2020 and obtained permission for payment of welfare fund in instalments. According to the learned counsel for the 2nd respondent, total dues are more than Rs.14.57 lakhs as on 08.03.2021. It is further argued that the petitioner had defaulted the instalments granted to him while deciding the writ petition bearing No.4875 of 2020 and subsequently, default was condoned by this Court.

It is not in dispute that the petitioner is in arrears of welfare fund payable by him as per the provisions of the Act. The said Act as well as the scheme framed thereunder mandates advance payment of the welfare fund and then clearance of the entire dues after adjusting the advance welfare fund remitted not later than 10 days after the closure of the contract year.

Learned Standing counsel for the 2nd respondent further submits that the petitioner be granted eight equated successive instalments for clearing the arrears of the welfare fund amounting to Rs.14,57,991/- (Rupees fourteen lakhs fifty seven thousand nine hundred and ninety one only).

In the light of concession given by the learned Standing Counsel appearing for the respondent No.2, the writ petition is disposed of with the following directions:-

The petitioner is directed to clear the entire arrears of welfare fund as per the provisions of the Act in eight equated successive monthly instalments commencing from 30.03.2021. It is made clear that this order shall not be construed as permission for the petitioner to participate in the further auctions, without compliance of Rules framed under the Kerala Abkari Shops Disposal Rules 2002 and other relevant provisions of law. If the petitioner wants to participate in further auctions, he is bound to follow the required Rules regarding deposit of arrears. If the petitioner complies with the direction so given, the respondents are directed to keep the coercive action in abeyance.