IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 17567 of 2009(M) -------------------------- PETITIONER: ------------- V.DEVADAS, MANNATH HOUSE, PAPPADY, DHONI P.O., PALAKKAD-678 009. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): ------------------ 1. THE DEPUTY COMMISSIONER OF EXCISE, PALAKKAD. 2. THE CIRCLE INSPECTOR OF EXCISE, ALATHUR. 3. THE SUB INSPECTOR OF POLICE NENMARA POLICE STATION, PALAKKAD. 4. THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVT.PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.17567 of 2009-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of June, 2009. JUDGMENT The petitioner states that he is entitled to preference in the allotment of toddy shops without reference to an abkari case registered against him since no charge has been framed in that case in terms of Section 211 of the Cr.P.C. If, as a matter of fact, no charge has been framed in terms of that provision of the Code, following the decision of this Court in Vijayan's case, 2002 (3) KLT 646 and the judgments issued by this Court following the said judgment in WP (C).7400/2009 and connected cases and other matters, the petitioner would be entitled to the benefit of Clause 3 of the Policy document, if he is otherwise entitled to that priority. It is so declared. WP(C)17567/09 -: 2 :- Following this judgment, the petitioner will be permitted to participate in the sale, subject to production of the clearance as and when obtained from the competent authority. The writ petition is ordered accordingly. Issue copy today itself. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/240609