IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 WA.No. 517 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8986/2010 Dated 17/03/2010 .................... APPELLANT(S): -------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY TAXES (A) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERTE OF EXCISE ,THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 4. THE CIRCLE INSPECTOR OF EXCISE, KOCHI. 5. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE,CHITTUR, PALAKKAD DISTRICT. 6. THE DISTRICT COLLECTOR, ERNAKULAM. BY GOVT.PLEADER SRI.BENNY GERVASIS RESPONDENT(S): --------------- T.B.PRADEEP,S/O.T.K.BALAN,THYVALAPPIL HOUSE,PADIYAM PO, THRISSUR DISTRICT. SRI.C.C.THOMAS, SENIOR ADVOCATE. ADV. SRI.M.G.KARTHIKEYAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.517 of 2010 ---------------------------------------------- Dated 25th March, 2010. J U D G M E N T Balakrishnan Nair, J. The appellants have preferred this Writ Appeal, challenging the interim order dated 17.3.2010, granted by the learned Single Judge, in W.P.(C) No.8986 of 2010, enabling the respondent/writ petitioner to get preference in the matter of grant of Abkari licence, for the year 2010-2011, notwithstanding the registration of Crime No.11/2005 of the Excise Range, Chittur, under Section 58 of the Kerala Abkari Act, against him. Now, it is common ground that the prosecution of the respondent in the above crime under Section 58 has been quashed by this Court in W.P.(C) No.25609/05, by judgment dated 23.3.2010. This Court permitted to proceed with the prosecution under Section 56 of the Abkari Act, which is not a disqualification for preference under Rule 5(1)(a) of the Abkari Shops Disposal Rules, 2002. In view of the above development, this Writ Appeal is not WA NO.517/10 2 maintainable. It is, accordingly, dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.517 of 2010 ---------------------------------------------- J U D G M E N T Dated 25th March, 2010.