IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 WP(C).No. 9529 of 2007(H) ------------------------------------ PETITIONER: ----------------- SARANGADHARAN, KALARICKAMANNEL, ALUM PEEDIKA P.O., OACHIRA, KOLLAM. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: -------------------- 1. THE STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF EXCISE, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 4. THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM. 5. MR.RAVEENDRAN, MEENATHEL VADAKKATHIL, KALLALI BHAGAM P.O., KARUNAGAPPALLY, KOLLAM DIST. WP(C) NO: 9529/2007 *6. GENESH, AGED 43 YRS, S/O. SAHADEVAN, LATHA NIVAS, PAYPARA NORTH, KARUNAGAPPALLY TALUK. 7. MOHANAN, AGED 39 YRS, S/O. SAHADEVAN, KATTIKADAVIL PARICHERI HOUSE, ASHMAD SOUTH MURI, KARUNAGAPPALLY TALUK. 8. ANANDAN, AGED 47 YRS, S/O. RAGHAVAN, HARI BHAVAN, NORTH EDAKKAD KARA, KUMTHOOR TALUK. 9. RAMAKRISHNAN, AGED 57 YRS, S/O. NANU, RATHEESH BHAVANAM, PAVAUMBA SOUTH, PAVAUMBA VILLAGE, KARUNAGAPPALLY. 10. RAVI, AGED 48 YRS, S/O. DAMODHARAN, ALUVILAYIL, S. PARUMBA MURI, PAVAUMBA VILLAGE. 11. BHARATHAN, AGED 54 YRS, S/O. NANU, KALARIKKAPADEETHIL, MANAPILLY NORTH, PAVUMBA VILLAGE. 12. MOHANLAL, ASST. EXCISE COMMISSIONER, KOLLAM. *ADDL. R6 TO R12 ARE IMPLEADED AS PER ORDER DATED 02/08/2007 IN IA NO. 10124/2007. R5, R6 TO R8 AND R10 TO R11 BY ADV. SRI.C.C.THOMAS GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 9529/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE FIR IN CRIME NO. 1127/2005 OF KARUNAGAPPALLY POLICE STATION. EXT.P2. COPY OF THE ORDER DT. 29/3/2006. EXT.P3. COPY OF THE JUDGMENT IN WPC NO. 12807/2006. EXT.P4. COPY OF THE REPORT FILED BY THE DY SP KOLLAM BEFORE THE JFMC, KARUNAGAPPALLY. EXT.P5. COPY OF THE LETTER DT. 29/12/2006 FROM DGP. EXT.P6. COPY OF THE REPRESENTATION FILED BY THE PETITIONER FOR RENEWAL OF LICENSE FOR 2006-7. EXT.P7. COPY OF THE JUDGMENT IN WPC NO. 23599/2006. EXT.P8. COPY OF THE ABKARI POLICY FOR THE YEAR 2007-08. EXT.P9. COPY OF THE REPRESENTATION DT. 6/3/07 TO R2 REQUESTING TO RENEW/ISSUE LICENCE TO HIM FOR RUNNING TS NO. 46 KARUNAGAPPALLY EXCISE RANGE. EXT.P10. COPY OF THE PETITIONER' S REPRESENTATION 06/03/07 TO R3 REQUESTING TO RENEW/ISSUE LIENCE TO HIM FOR RUNNING TS. NO. 46 OF KARUNAGAPPALLY EXCISE RANGE. RESPONDENT'S EXHIBITS NIL. True copy tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.9529 OF 2007 ------------------------------------------- Dated this the 13th day of March, 2008 JUDGMENT The petitioner conducted toddy shops for four years, during the abkari years 2002-03 to 2005-06. During the last lap, on 26.11.2005, Ext.P1 FIR was registered alleging offence punishable under Sections 8 (1) and (2) of the Abkari Act. Renewal of licence for the year 2006-07 was refused on the ground of pendency of Ext.P1. W.P(C).12807/06 filed by the petitioner resulted in Ext.P3 judgment, relegating the petitioner to work out his remedy if he ultimately succeeds in the criminal case. It appears that after the investigation, a report was filed by the Deputy Superintendent of Police, Kollam in Cr.No.1127/05 of Karunagappally police station before the Judicial First Class Magistrate, Karunagappally, stating that the four persons arrayed as accused have not committed the offence. That report was accepted by the Judicial First Class Magistrate and numbered as U.N.75/06 on 25.7.2006. It is submitted that WPC.9529/07 2 the petitioner, thus, has gone out of the array of accused persons in Ext.P1. 2. Incidentally, we are not concerned whether the petitioner could be later on, brought into the array of those accused, in exercise of authority under the Code of Criminal Procedure. 3. The petitioner, thereafter, filed this writ petition seeking a direction to respondents 1 to 3 to issue toddy shop licence for shop No.46 of Karunagappally Excise Range to him. He also sought for a declaration that the conduct of auction for the year 2007-08 in respect of that toddy shop is improper and illegal. He also sought relief to set aside the auction and all consequential reliefs in terms of amendment to the writ petition. 4. Petitioner relies on clause (6) of Ext.P8 Government Order relating to abkari policy of the year 2007-08 that while selling the toddy shop, preference will be given to those licensees who have conducted toddy shops during the preceding three years WPC.9529/07 3 and he, having gone out of the array of parties in the criminal case, has to be given preference as it is stated in clause (1) that those exonerated by the courts will also be given preference. The preference available in clause (6) is only in relation to auction for which the first among the clauses in Ext.P8 is that toddy shops can be disposed of only in groups. It is not the case of the petitioner that he had either proceeded to bid or made necessary application to make the bid in terms of clause (1) of Ext.P8 which enjoins that toddy shops would be disposed in groups consisting of 5 to 7 shops by licensing system. The contention fails. 5. I need not dilate to decide as to whether exclusion from the array of parties following investigation, amounts to exoneration by court. This is because the rights of parties have, as already noticed, crystalised by licences having been issued to private respondents and such licences cannot be interfered with at this point of time, because, the current abkari year is coming to a close and still further, because as already found, the petitioner WPC.9529/07 4 could not sustain any claim for preference to have one toddy shop licence to him, when allotment is only in groups. Leaving the parties to enjoy the rights, if any, in terms of the abkari policy for the abkari year commencing on 1.4.2008, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.