IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WA.No. 1368 of 2011 ------------------------ AGAINST THE JUDGMENT IN WPC.24916/2011 .................... APPELLANT(S): PETITIONERS IN WPC ------------------------------------------ 1. K.GANESAN, WORKERS COMMITTEE MEMBER, S/O.APPUTTY, KANGOSSERY HOUSE, MUNDAKKAL, PUVATTUPARAMBA POST, KOZHIKODE. 2. Y.RAJU, WORKERS COMMITTEE MEMBER, S/O.YOHANNAN, KUNNEL VEEDU 33/4601, MALAPARAMBA P.O., KOZHIKODE. 3. M.V.SUKUMARAN, WORKERS COMMITTEE MEMBER, S/O.VELUKUTTY, MUKKUDIYIL VEEDU, ARAKKINAR P.O., KOZHIKODE. 4. K.RAVEENDRAN, S/O.AYYAPPAN, WORKERS COMMITTEE MEMBER, KARUVANCHIRAYIL HOUSE, CHALIYAM POST, KADALUNDI, KOZHIKODE. 5. K.P.HAJILKUMAR, S/O.PAVITHRAN, WORKERS COMMITTEE MEMBER, KOTHIPARAMBIL VEEDU, THAMARASSERY P.O., KOZHIKODE. 6. P.R.MOHANAN, S/O.RAGHAVAN, WORKERS COMMITTEE MEMBER, PUNNAKUNNATHU VEEDU, THABALAMANNA P.O., THIRUVAMBADI, KOZHIKODE. 7. C.C.VASU, S/O.CHOYI, WORKERS COMMITTEE MEMBER, KALLUVETTUKUZHIYIL VEEDU, CHATHAMANGALAM P.O., KOTHIPARAMBIL VEEDU, R.E.C., KOZHIKODE. WA.No. 1368 of 2011 -2- 8. P.SHAJU, WORKERS COMMITTEE MEMBER, S/O.KARUNAKARAN, PANNIYAKKIL, KODUVALLY P.O., KOZHIKODE. 9. K.V.MANOHARAN, WORKERS COMMITTEE MEMBER, S/O.KARUNAN, SOORYAPETT, EDAKKAD POST, KOZHIKODE-5. 10. P.A.CHANDRASEKARAN, S/O.APPUKUTTAN, VINNIMA NIVAS, KAKKODI MUKKU, AKUMPARAMBATHU VEEDU, KOZHIKODE. 11. SURESH BABU, WORKERS COMMITTEE MEMBER, S/O.MADHAVAN NAIR, CHURAKKAT VEEDU, KURUVATOOR POST, KAKKODI, KOZHIKODE. 12. K.LOHITHAKSHAN, WORKERS COMMITTEE MEMBER S/O.RAMAN, KOOTUMECHIKKAL VEEDU, PAIMBRA POST, KOZHIKODE. BY ADV. SRI.A.SUDHI VASUDEVAN SMT.K.PUSHPAVATHI SRI.JOSE JONES JOSEPH RESPONDENT(S): RESPONDENTS ------------------------------------- 1. STATE OF KERALA SECRETARY TO GOVERNMENT TAXES (G) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. DEPUTY COMMISSIONER OF EXCISE, KOZHIKODE. 4. CIRCLE INSPECTOR OF EXCISE, KOZHIKODE. 5. DISTRICT COLLECTOR, KOZHIKODE. GOVERNMENT PLEADER SMT.ROSE MICHAEL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. A.No.1368 of 2011 ------------------------------------------------ Dated this the 27th day of October, 2011 JUDGMENT Abdul Rehim, J This Writ Appeal is preferred against the interim order passed by the learned Single Judge, denying the claim for preferential right of the petitioners for purchase of toddy shops in various groups in various ranges in Kozhikode Division. 2. Learned Single Judge observed that the petitioners were conducting the toddy shops during the year 2006-07 as members/conveners of Workers' Committee and in the Writ Petition they are not representing such groups of workers in favour of whom the licence was issued. It is therefore found that the petitioners cannot be considered as licencees for the Abkari year 2006-07, and they are not entitled for any preferential rights as per Rule 5(1)(a) of the Abkari Shop Disposal Rules. However, the petitioners were given liberty to participate in public sale like any other citizens, provided the petitioners are not disqualified as per Rules. W. A.No.1368 of 2011 -2- 3. Sri.A.Sudhi Vasudevan, learned counsel for the appellants conceded that, pursuant to the interim order the right for vending toddy in the shops concerned were purchased by other persons, except shops in Group No.2 of Kozhikode range, on the basis of preferential right. Contention of the appellants is that the prima facie observations made by the learned Single Judge regarding preferential rights of the petitioners is unsustainable and it is opposed to the provisions contained in Rule 5(3), especially the last proviso contained therein. 4. In view of the subsequent developments, as described above, we are of the considered opinion that the appeal need not be considered on merits. The question need be decided in the Writ Petition, after bringing the present purchasers of the toddy shops in the party array. In view of the purchase of rights by third persons, which stands confirmed, we do not think that any interference with the interim order impugned in this appeal is warranted. 5. Therefore, we dispose of the appeal granting liberty to the petitioners to implead the person/persons who have purchased the rights to vend toddy in the shops concerned, in the Writ Petition, and to pursue the matter before the learned Single W. A.No.1368 of 2011 -3- Judge, if so advised after bringing necessary amendments. We make it clear that sale of rights taken place after the impugned order during pendency of the Writ Petition will be subject to final outcome in the Writ Petition. 6. The petitioner will be at liberty to appraise urgency of the matter before the learned Single Judge and to seek an early disposal. 7. Post the Writ Petition before the court dealing with the subject as per the roster. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-