IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 8153 of 2010(T) ------------------------- PETITIONER(S): --------------- 1. R.SHAJI, OLIKKARA VAYALIL PUTHENVEEDU, THENMALA P.O.,KOLLAM DISTRICT. 2. S.SUNDARESAN, KUTTIPPURATHU VEEDU. THENMALA P.O.,KOLLAM DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM, 4. THE EXCISE INSPECTOR, CHATHANNOOR EXCISE RANGE,KOLLAM. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2010, ALONG WITH WPC NO. 8603 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) Nos.8153 (T) & 8603 (A) of 2010 -------------------------- Dated, this the 17th day of March, 2010 J U D G M E N T The petitioners are licensees and salesmen of toddy shops in Chathannoor Excise Range in Kollam district. According to the petitioners, they are entitled preference in the matter of allotment of toddy shops for the year 2010-2011. However, they apprehend that in view of Ext.P2, the Crime and Occurrence Report in C.R.No.12/2008, and Crime and Occurrence Report in C.R.No. 932/2009, they are likely to be denied preference under Rule 5(1)(a) of the Abkari Shops Disposal Rules, 2002. 2. According to the petitioners, although crime has been registered and FIR has been lodged, offences have not been charged, and that therefore, mere registration of crime shall not result in denial of preference. The learned counsel also referred me to the judgment of this Court in WP(C) No.9603/2008 in support of this contention. 3. However, from the Crime and Occurrence Report in WP(C) Nos.8153 & 8603/2010 -2- C.R.No.12/2008 against the petitioners in WP(C) No.8153/2010, it is noticed that the petitioners are accused for offences under Sections 8(1) & (2), 55(a), 56(b) and 57(a) of the Abkari Act. Similarly, offences alleged against the petitioners in WP(C) No.8603/2010 are under Section 55(a) of the Abkari Act and under various provisions of the Indian Penal Code. Rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002 provides for preference, and one of the conditions for preference is that no abkari case is registered against the licensee, who claims privilege, other than under Section 56 of the Abkari Act. In this case, since from the crime and occurrence reports itself, it is evident that abkari cases are registered against the petitioners for offences other than under Section 56 of the Abkari Act, and in which case the petitioners cannot claim preference under Rule 5(1)(a) of the Abkari Shops Disposal Rules, 2002. In that view of the matter I am not persuaded to direct the respondents to give preference to the petitioners. These writ petitions fails and are accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg