IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 17086 of 2009(F) -------------------------- PETITIONER(S): --------------- SURESH KUMAR, S/O.SARASWATHY AMMA, SARASWATHY VILASAM, ULIYACOVIL P.O., KOLLAM. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES (EXCISE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, KERALA STATE PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, EXCISE COMPLEX CHINNAKKADA, KOLLAM. 4. THE EXCISE RANGE INSPECSTOR, CHATHANOOR EXCISE RANGE, KOLLAM. BY GOVT. PLEADER SRI.V.MANU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------------- W.P(C).No.17086 OF 2009 ------------------------------------------- Dated this the 19th day of June, 2009 JUDGMENT The issue raised in this writ petition is as to whether the petitioner is disabled from exercising the privilege for the renewal of a licence under the Abkari Shops Disposal Rules. The petitioner's right is curtailed by Ext.P6 on the ground that he is an accused in a criminal case as evidenced by Ext.P2 F.I.R. The issue has been answered in favour of the licensee by this Court in W.P(C).8756 of 2008 and connected cases relating to a similar clause for the previous year and reiterated for the current year, as is evidenced by the judgment in W.P(C).8096/09. Hence, the respondents are directed not to treat the petitioner as disqualified for the renewal of the licence in respect of shops in Group No.I of Chathannoor Excise Range, merely by reason of the registration of the crime as per Ext.P2 F.I.R. The writ petition is disposed of accordingly. Sd/- V.GIRI, Judge. kkb.19/6.