IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 10040 of 2008(T) -------------------------- PETITIONER: ------------- A.K.SUKUMARAN NAIR, S/O. KRISHNAN NAIR, EDATTU, PULLPPALLI, CHERPUNKAL.P.O., KIDANGOOR, MEENACHIL TALUK, DIST. KOTTAYAM. BY ADV. SRI.K.REGHU KOTTAPPURAM RESPONDENTS: ---------------- 1. THE SECRETARY TO GOVT., TAXES (G) DEPARTMENT, STATE OF KERALA, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM DIVISION, KOTTAYAM. 4. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT, KOTTAYAM. BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.10040 of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008. JUDGMENT 1.The petitioner was not a licensee during the year 2005-06, owing to his involvement in an abkari offence. He was later acquitted and thereafter, on the basis of Ext.P3 Government Order, he was given licence. Obviously, therefore, even in terms of Rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002, the licensees, who had conducted the shops during the previous years and whose licences were cancelled due to registration of abkari cases and subsequently exonerated by the Courts and those licensees who could not complete the preceding three years on account of the closure of shops, shall also be given preference. Therefore, notwithstanding the fact that the petitioner had not conducted the shop WP(C)10040/2008 -: 2 :- during any particular lap between 2005 and 2008, the petitioner would be entitled to preference in terms of Clause 11 of the Abkari Policy Order for the year 2008-09 issued by the Government of Kerala on 29-2-2008. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/