IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 4942 of 2009(L) ------------------------- PETITIONER(S): --------------- V.DEVADAS, 41 YEARS, S/O.M.K.VELAYUDHAN (LATE), MANNATHU HOUSE, PAPPADY, AKATHETHARA, PALAKKAD. BY ADV. MR.M.G.KARTHIKEYAN MR.NIREESH MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TAXES(A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. ASST.EXCISE COMMISSIONER, PALAKKAD. 4. CIRCLE INSPECTOR OF EXCISE, CHITTUR, PALAKKAD. GOVERNMENT PLEADER MS. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.4942 OF 2009 ---------------------------------------- Dated this the 24th day of February, 2009 JUDGMENT The petitioner participated in an auction for allotment of toddy shops in Group No.VI of Nenmara Exchange Range in Palakkad division for the abkari year 2008-2009. He was allotted the same and the licence was also issued. Subsequently, it was found out that at the time of submitting the application the petitioner was a temporary Government servant and as such was disqualified for participating in the auction. Accordingly, the licence issued to the petitioner has been cancelled and the toddy shop was directed to be notified for re-sale. The petitioner is challenging Exts.P3 and P6 orders passed in that regard. 2. I have heard the learned counsel for the petitioner as also the learned Government Pleader. As far as the petitioner was a public servant at the time of taking part in the auction, I am satisfied that the petitioner was not eligible for such participation and therefore, there is nothing wrong in the cancellation of the licence issued to the petitioner especially since W.P.(c)No.4942/09 2 the petitioner had not mentioned the fact that he was a public servant in his application. 3. In the above circumstances, the petitioner submits that he may be permitted to take part in the re-sale to be conducted pursuant to cancellation of the petitioner’s licence and he may be given preference on account of being a licencee earlier. 4. The learned Government Pleader submits that the petitioner can be permitted to take part in the re-sale, but the petitioner cannot be given the benefit of preference. Without expressing any opinion on merits regarding the eligibility of the petitioner for preference, I dispose of this writ petition without prejudice to the right of the petitioner to take part in the re-sale and to press his claim for preference which shall be considered in accordance with law. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.4942/09 3