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2024 Supreme(Online)(KER) 31158
HIGH COURT OF KERALA
Devan Ramachandran, J
SMINA JAYAPRAKASH – Appellant
Versus
THE KERALA TODDY WORKERS WELFARE FUND BOARD – Respondent
WP(C) 13501/2024
The ruling established that partial payments are permissible in the context of financial obligations for licensing under the prescribed rules.
Headnote:
Judgment - Writ Petition - Kerala Abkari Shops Disposal Rules, 2002 - Section 5(3) - The court acknowledged previous judgments allowing partial payment for license renewal and directed issuance of a revised challan for 50% of the sum, leaving remedies for the remaining balance open.
Fact of the Case:
The petitioner sought a directive following earlier judgments allowing partial payment of a demand. The court was called to ensure clarity on remitting 50% of the amount for license renewal under specific rules.
Issues: Whether the petitioner could remit 50% of the demand for a license renewal and clarify the process for obtaining a Clearance Certificate.
Ratio Decidendi: The court relied on previous rulings to permit partial payment for license renewal, reinforcing the principle of allowing due process in financial obligations related to licensing.
Final Decision: Writ Petition allowed, directing issuance of revised Challan for 50% of the amount.
When this matter was called today, learned Senior Counsel Sri.N.Raghuraj, instructed by Sri.Vivek Menon – learned counsel for the petitioner and Sri.G.Santhosh Kumar – learned Standing Counsel for the respondents, were ad idem that identical matters have already been disposed of by this Court through Exts.P4 and P5 judgments.
2. However, Sri.G.Santhosh Kumar submitted that, though Exts.P4 and P5 judgments permitted the petitioners therein to remit 50% of the demand, leaving liberty to the Authority to recover the balance through Revenue Recovery action, it has not been specified therein to such effect. He, therefore, prayed that it be so done in this judgment.
3. Sri.N.Raghuraj did not oppose the afore request, but prayed that his client’s remedy against the balance 50% be left open.
In the afore circumstances, following Exts.P4 and P5 judgments, I allow this Writ Petition, directing the 2nd respondent WPC 13501/24 to issue a revised Challan to the petitioner for an amount equivalent to 50% of the sum mentioned in Ext.P3 earlier Challan. If the petitioner remits the amount in such fashion, Clearance Certificate shall be issued as contemplated in Rule 5(3) of the Kerala Abkari Shops Disposal Rules , 2002, so as to enable her to seek renewal of her license.
Needless to say, this Court has not spoken with respect to the 50% of the balance amounts and are left to be recovered by the Authorities in terms of law, with liberty reserved to the petitioner to invoke remedies against the same, if so advised.
