IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 4051 of 2009(G) ---------------------------------- PETITIONER(S): ----------------- SARANGADHARAN. B., S/O. BALAKRISHNAN, AGED 50 YEARS, RESIDING AT KALARICKAMANNEL, ALUMPEEDIKA, OACHIRA, KOLLAM BY MR. P.V.VENUGOPAL -ADV. RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, OFFICE OF THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. ASSISTANT EXCISE COMMISSIONER, OFFICE OF THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 4. EXCISE INSPECTOR, KARUNAGAPPALLY EXCISE RANGE, KARUNAGAPPALLY. GOVERNMENT PLEADER MS. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.4051 OF 2009 ---------------------------------------- Dated this the 6th day of February, 2009 JUDGMENT The petitioner is aggrieved by non-consideration of his preferential claim for grant of a toddy shop licence. According to the petitioner, the petitioner was a licencee of Toddy Shop No. 46 at Kaliyan Chantha for a period of four years during 2002- 2003 to 2005-2006 of Karunagappally Excise Range. By virtue of that experience, the petitioner is entitled to preferential right for allotment of the toddy shop, is the claim raised by the petitioner. But earlier, the petitioner was denied that right on the ground that he was an accused in an abkari case. The petitioner now submits that, that case has been referred and therefore, there is no disqualification attached to the petitioner for allotment of the toddy shop. I am of opinion that this claim has to be raised by the petitioner at the time of the auction of the toddy shops, which is due to be held on 9.2.2009. Therefore, I dispose of this writ petition with a direction that in the auction to be conducted on W.P.(c)No.4051/2009 2 9.2.2009, if the petitioner raises preferential claim on the basis of he having been the licencee for the previous years, such claim would be considered by the respondents in accordance with law. S. SIRI JAGAN, JUDGE Acd