IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10932 of 2010(N) -------------------------- PETITIONER(S): --------------- M.R.MUKUNDAN, S/O.RAHAVAN, AGED 64, MALIKATHAYIL, THIRUMMALABHAGAM P.O., THRURAVOOR, CHERTHALA TALUK,ALAPPUZHA DISTRICT. BY ADV. DR.V.N.SANKARJEE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,TAXES,(G)DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, ALAPPUZHA. 5. SAMSU, S/O.BHASKARA THANDAR, USHA NILAYAM, THURAVOOR VILLAGE,CHERTHALA TALUK, ALAPPUZHA DISTRICT. 6. ANITHA BABU, S/O.DAMODARAN, BHASKARA SADANAM,-DO-,-DO-. BY GP SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).10932/2010 -------------------- Dated this the 30th day of March, 2010 JUDGMENT Petitioner claims preference provided under Rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002. Admittedly petitioner is an accused in Crime No.47/2007 registered by the Excise Range Inspector, Kuthiathode for offence under Section 57(a) of the Abkari Act. If that be so, the condition in the Rule that there shall not be any case registered against the person claiming preference, for offences other than under Section 56 of the Abkari Act, is not satisfied by the petitioner. Therefore, there is no merit in the claim made by the petitioner. Writ petition is only to be dismissed and I do so. ANTONY DOMINIC, Judge mrcs