IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 8393 of 2008(Y) ----------------------------------- PETITIONERS: -------------------- 1. T.B. SAMSU, S/O. BHASKARA THANDAR, 'USHANILAYAM', THIRUMALABHAGAM P.O., THURAVUR, CHERTHALA TALUK, THURAVUR SOUTH VILLAGE. 2. ANITHA BABU, W/O. SURESH BABU, "BHASKARABHAVANAM", THIRUMALABHAGAM P.O., THURAVUR, CHERTHALA TALUK,THURAVUR SOUTH VILLAGE. BY ADV. SRI.T.A.SHAJI RESPONDENTS: ---------------------- 1. THE CIRCLE INSPECTOR OF EXCISE, CHERTHALA CIRCLE, CHERTHALA. 2. THE ASSISTANT EXCISE COMMISSIONER, KUTHIATHODU RANGE, ALAPPUZHA. 3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES DEPARTMENT,THIRUVANANTHAPURAM. 4. M.R.MUKUNDAN, S/O. RAGHAVAN, MALIKATHARA HOUSE. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.8393 of 2008 ================================== Dated this the 12th day of March, 2008. JUDGMENT Petitioners and another jointly bid a group of toddy shops. That group of persons form joint licensees for all those shops. This is the effect of the abkari law as it stands during the abkari year 2007-08. The question whether the departmental authorities would issue separate preference certificates for the individual members of the group does not call for determination, as of now, because, it is impossible to presume that the administrative authorities would take particular action. While the petitioners' argument is that the preference certificate has to be issued to all the members of the group as a whole or to the majority of them, I am not persuaded to entertain this writ petition at this point of time, since, the issue raised relates to the abkari year WPC8393/2008 -:2:- commencing 1-4-2008 and it would not be within the province of this Court to issue regulatory orders as to how the abkari policy would be enforced by the executive. Judicial review does not include any pre-decisional intervention with executive process on any pre-conceived basis or notions. Hence, preserving all the rights of the petitioners, this writ petition is dismissed without prejudice, treating it as premature. Thottathil B.Radhakrishnan, Judge. sl.