IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 8096 of 2009(F) ------------------------- PETITIONER(S): --------------- T.R.RAJAN, S/O.RANGANATHAN THOPPIL HOUSE, PUTHUKKAD, THROV VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE COMMISSIONER OF EXCISE THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF EXCISE IRINJALAKKUDA. 3. CIRCLE INSPECTOR OF POLICE IRINJALAKKUDA THRISSUR DISTRICT. 4. DEPUTY COMMISSIONER OF EXCISE THRISSUR. BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.8096/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE EXTRACT OF TODDY SHOP NO.84-LICENCE NO.673/08-09. EXT.P1(a): TRUE EXTRACT OF TODDY SHOP NO.86-LICENCE NO.336/08-09. EXT.P1(b): TRUE EXTRACT OF TODDY SHOP NO.95-LICENCE NO.332/08-09. EXT.P1(c): TRUE EXTRACT OF TODDY SHOP NO.96-LICENCE NO.672/08-09. EXT.P1(d): TRUE EXTRACT OF TODDY SHOP NO.99-LICENCE NO.333/08-09. EXT.P1(e): TRUE EXTRACT OF TODDY SHOP NO.101-LICENCE NO.334/08-09. EXT.P2: TRUE COPY OF THE FIR OF CRIME NO.292/08 DT.18.3.08. EXT.P3: TRUE COPY OF THE SKETCH IN RESPECT OF THE PREMISES REFERRED TO IN EXT.P2. EXT.P4: TRUE COPY OF LETTER DT.10.3.09 OF R2. EXT.P5: TRUE COPY OF JUDGMENT DTD.25.3.08 IN W.P(C).10041/08 RECEIVED BY THE PETITIONER IN RELATION TO EXT.P2. EXT.P5(a): TRUE COPY OF JUDGMENT DTD.18.3.2008 IN W.P(c).8756/08 AND CONNECTED CASES ISSUED BY THIS HON'BLE COURT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.8096 OF 2009 ------------------------------------------- Dated this the 17th day of June, 2009 JUDGMENT The issue raised by the petitioner is that no charge having been framed against him by the court in terms of Section 211 of Cr.P.C., he cannot be denied the benefit of the priority contained in clause (3) of the abkari policy of the State for the year 2009- 2010 in relation to toddy shops. That principle is well covered in his favour. But the learned Government Pleader submits, on instructions, that on 30.6.2008, charge has been laid before court (J.F.M.C., Iringalakkuda). Framing a charge by the court in terms of Section 211 of Cr.P.C. has been well explained by the judgment of this Court in Vijayan v. Excise Commissioner {2002(3) KLT 646}. It wouldn't be safe now to conclude whether there is a charge framed in terms of Section 211 of Cr.P.C. Therefore, this writ petition is ordered directing that unless the respondents are satisfied, on the basis of cogent materials, that charge has been framed against the petitioner in terms of Section 211 of Cr.P.C., as stated in Vijayan's case, he WPC.8096/09 Page numbers shall be permitted to enjoy the priority in terms of clause (3), if he is otherwise entitled to such priority. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.17/6.