IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 8990 of 2011(W) --------------------------------------- PETITIONER(S): ----------------------- 1. SRI. V. BABU, S/O. VASU, 654 LAKSHAMVEEDU COLONY, THEKKEKKARA,KANAVELLY.P.O., KOLLAM. 2. SRI. SRINIVASAN, S/O. KARUTHAKUNJU, S.J.NIVAS, CHEMMAKKAD, PANAYAM, KOLLAM. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, (THROUGH) THE SECRETARY, MINISTRY OF EXCISE, THIRUVANANTHAPURAM-695 001. 2. THE COMMISSIONER OF EXCISE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY COMMISSIONER OF EXCISE, KOLLAM-694 318. 4. THE CIRCLE INSPECTOR OF EXCISE, KOLLAM-694 318. R1 TO R4 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.8990 of 2011 ---------------------------------------- Dated 29th March, 2011 JUDGMENT The petitioners are licensees of toddy shop No.33/2010-11 at Cherumood in Group No.7 of Kollam Excise Range. On 3.7.2010 the second respondent along with certain other officials inspected the toddy shop and asked the Manager of the shop to give details of the balance stock of toddy. The team of officials inspected the toddy shop then, took into possession some white powder about 8 Kg. in a plastic bag kept in the shop. That led to the preparation of a Mahazar and subsequently registration of a crime. It is the said incident that constrained the petitioners to file this writ petition mainly with the prayer to declare that Section 58A of the Abkari Act shall not be included in the Mahazar and crime and occurrence report and inclusion of the said section is void ab initio. The further prayer is for issuance of a writ of mandamus commanding the respondents to strike down section 58A from Ext.P2 and treat the Mahazar and crime and occurrence report with such modification and also for directing the respondents not to treat the petitioners as having been issued with charges under section 58A of the Abkari Act for any purpose. I do not think that, in these proceedings, this Court can WP(C).No.8990/2011 2 consider the aforesaid prayers made by the petitioners. Essentially, the grievance of the petitioners as also their apprehension is that on account of the registration of the said crime viz., Crime No.60/2010 of Kollam Excise Range, they would not be in a position to get a preferential right to which they are otherwise entitled to, in the next Abkari year. When this matter is taken up for consideration today, the learned Government Pleader, on instructions, submitted that the registration of Crime No.60/2010, at present, will not be a bar or impediment for the petitioners to get preferential right, if any, for Group No.7 of Kollam Range for the Abkari Year 2011-2012. This is recorded and accordingly, this writ petition is closed. It is made clear that with respect to the other contentions, this Court has not made any observation at all and they are left open to be considered in appropriate proceedings. Sd/- C.T.RAVIKUMAR Judge TKS // true copy // P.S. to Judge