IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 6236 of 2010(D) ------------------------- PETITIONER(S): --------------- 1. RADHAKRISHNAN, S/O.DIVAKARAN, MEKKINKARA PUTHENVEEDU,KUNNATHUKAL DESOM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DIST. 2. KRISHNANKUTTY, S/O.MADHAVAN, KAIPPALLIMADAM HOUSE, VELIYANADU VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT. 3. PRADEEPKUMAR, S/O.SAHADEVAN, MANNADIMOOLA PUTHENVEETTIL,MANICKAL VILLAGE, NEDUMANGADU TALUK,THIRUVANANTHAPURAM DISTRIC T. 4. RAJAN, S/O.THOMAS, PALLITHARA PURAYIDAM HOUSE, VIZHINJAM DESOM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DIST. 5. MANOHARAN, CHARUVILAKATHU HOUSE, THURUTHUMMOOLA DESOM, VILAPPIL VILLAGE, NEYYATTINKARA TALUK,THIRUVANANTHAPURAM DIST. 6. SREEKUMARAN, S/O.SRINIVASAN, SREVILASAM HOUSE, THONNACKAL DESOM, THIRUVANANTHAPURAM TALUK. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. WPC NO.6236/2010 3. THE DEPUTY COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, THIRUVANANTHAPURAM. 5. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 6. THE CIRCLE INSPECTOR OF EXCISE, THIRUVANANTHAPURAM. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2010, ALONG WITH WP(C) NO.6310/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.6236 (D) & 6310 (K) of 2010 --------------------------------- Dated, this the 25th day of February, 2010 J U D G M E N T The petitioners in WP(C) No.6236/2010 were the licensees of toddy shops in Group No.IV of Thiruvananthapuram Excise Range. The petitioners in WP(C) No.6310/2010 were the licensees of toddy shops in Group No.II of the same Excise Range. Against the petitioners in WP(C) No.6236/2010, CR No.99/2009 was registered and against the petitioners in WP(C) No.6310/2010 CR Nos.100/2009 & 101/2009 were registered. This led to suspension of their licences and eventually its cancellation, and these orders are Exts.P3 in these writ petitions. Writ petitions were filed against the aforesaid proceedings, and the cases were dismissed, and finally, in the Special Leave Petitions filed, Ext.P5 order has been passed by the Apex Court staying prosecution against the petitioners. In the meanwhile, on the basis of Exts.P6 to P8 judgments, by submitting Exts.P10 the petitioners are claiming preferential right to be alloted the shops in question, as and when resale is conducted. According WP(C) Nos.6236 & 6310/2010 -2- to the learned senior counsel appearing for the petitioners, shops are notified for resale on 05/03/2010. The petitioners submit that Exts.P10 filed by them are not considered. 2. Having regard to the above, at this stage, what is required to be done is that the 5th respondent should consider Exts.P10 representations. Therefore, it is directed that the 5th respondent shall consider Exts.P10 representations made by the petitioners, before resale of the shops in question are conducted. The petitioners shall produce a copy of this judgment along with copy of the writ petition before the 5th respondent for compliance. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg