IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 15867 of 2009(C) -------------------------- PETITIONER(S): --------------- RATHINAM, S/O.PADMANABHAN CHETTIYAR, PRAMOD BHAVAN, MALAYINKEEZHU DESOM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES (G) DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, FORT, THIRUVANANTHAPURAM. 4. RAMACHANDRAN, S/O.SREEDHARAN, THUMPUMKARA VEEDU, PACHALLOOR, THIRUVALLOM, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SRI.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15867 OF 2009 ------------------------------------------- Dated this the 17th day of June, 2009 JUDGMENT The petitioner states that he was the licensee of a toddy shop for different years continuously, from 2002-03 to 2007-08 and at the time of sale of toddy shops for 2008-09, certain co- licensees manipulated matters and the abkari officials acted under their influence, resulting in the petitioner being absent when the toddy shop in question was taken up for sale. He was mis-represented about the time of the sale of that shop and he went outside the hall to drink water and by the time he came back, the sale was over. These are attributes of the petitioner. Whatever that be, the petitioner cannot claim that he had conducted the shop for the year 2008-09. Accordingly, he is not entitled to any priority in that regard for the year 2009-2010. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.17/6.