IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16988 of 2009(P) -------------------------- PETITIONER(S): --------------- V.S.SUBHASH, AGED 33, S/O.SAHADEVAN, VELLARAMPARAYIL HOUSE, MAMMATTIKANAM KARA, RAJAKKAD VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DEPUTY EXCISE COMMISSIONER, THODUPUZHA, IDUKKI DISTRICT. 4. THE ASST. EXCISE COMMISSIONER, THODUPUZHA, IDUKKI DISTRICT. 5. THE DISTRICT COLLECTOR, COLLECTORATE, PAINAVU P.O., IDUKKI DISTRICT. 6. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, UDUMBANCHOLA, IDUKKI DISTRICT BY GOVT. PLEADER SRI.V.MANU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------------------------- W.P(C).No.16988 OF 2009 ------------------------------------------- Dated this the 19th day of June, 2009 JUDGMENT The issue raised by the petitioner herein admittedly is covered by judgment of this Court in W.P(C).8756 of 2008 and connected cases. It has been held by this Court that the mere registration of a crime will not dis-entitle the holder of a licence who conducted toddy shops during the previous years from conducting toddy shops this year. Disability arises only if the court frames charge. Accordingly, the petitioner is entitled to get preference. Hence, the respondents are directed to proceed on the premise that the petitioner is entitled to get preference in the allotment of toddy shops in Group No.VI of Udumbanchola Excise Range in Idukki District, as per Ext.P2 policy for the year 2009-2010 in spite of the mere registration of Cr.No.69/07. It is made clear that this declaration is confined only to the issue relating to whether the petitioner is eligible in view of the fact that he is an accused. The respondents are directed to consider the case of the petitioner in accordance with law, subject to the WPC.16988/09 Page numbers above declaration, if the petitioner is otherwise qualified. The writ petition is disposed of accordingly. Sd/- V.GIRI, Judge. kkb.19/6.