IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 WP(C).No. 9771 of 2008(L) ------------------------------------- PETITIONER: ------------------- M. ANANTHAKRISHNAN, S/O. MOOKAN, AGED 45, AMBADI VEEDU, PEZHUMPALLAM HOUSE, KINASSERRY.P.O., PALAKKAD DISTRICT, PIN - 678 707, THROUGH HIS POWER OF ATTORNEY HOLDER SMT. BINDU ANANTHAKRISHNAN, W/O. ANANTHAKRISHNAN, AGED 37, AMBADI VEEDU, PEZHUMPALLAM HOUSE, KINASSERY.P.O., PALAKKAD DISTRICT, PIN - 678 707. BY ADV. SMT.P.V.ASHA, SMT.A.RAJESWARI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, PALAKKAD. 4. DEPUTY COMMISSIONER OF EXCISE, PALAKKAD. BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.9771 of 2008 ================================== Dated this the 24th day of March, 2008. JUDGMENT Petitioner claims to be entitled to preference in terms of Clause 11 of the abkari policy order of the Government of Kerala for the year 2008-09. Recently he fell ill and is in the Kovai Medical Center, Coimbatore. He is represented in this writ petition by his wife. His plea is confined to a request that his wife may be permitted to go as his duly constituted attorney to participate in the auction for the year 2008-09. He undertakes through his wife and also counsel that all necessary documents will be executed by him personally. 2. Rule 5 of the Kerala Abkari Shops Disposal Rules, 2002, as they now stands, require the presence of an applicant for a shop, at the time of WPC9771/2008 -:2:- disposal. The laudable object behind that rule is, among other things, exclusion of benami transactions which are unquestionably a menace in the abkari field. It is stated by the learned senior Government Pleader that the Government have identified that menace and are taking steps to get rid of such transactions. 3. Rule 5 being therefore salutary it needs to be considered as to whether the petitioner could be considered for any exemption therefrom on the basis of any direction that could be issued by this Court. The medical record certifies that he was admitted in a comatose stage in the Kovai Medical Center and the Consultant Neurologist Dr.K.Vijayan has stated in Ext.P3 that the petitioner is likely to be discharged in good state of health on 7th or 8th April, 2008. Petitioner's wife is acting as a duly constituted attorney. Petitioner had been in the field for some time and he claims that he is WPC9771/2008 -:3:- entitled to preference in the matter of allotment of shops. It is also his case that if he does not participate for the coming abkari year, he is likely to loose if any such privilege is extended in the coming abkari year. Having regard to what is stated above, particularly the undertaking of the petitioner that he himself shall be present to execute necessary documents though he is prevented by his health condition to be present at the time of auction, it is directed that the respondents shall permit the petitioner to participate in the auction through his wife and power of attorney holder Smt.Bindu Ananthakrishnan on the said person producing the original of the power of attorney and also executing a simple bond in favour of the fourth respondent without sureties to satisfy any demand that the State may have against the petitioner Sri.Ananthakrishnan in the event of Sri.Ananthakrishnan not executing the documents and taking the transaction, if the shops are given to WPC9771/2008 -:4:- him. Writ petition is disposed of in the above terms. Thottathil B.Radhakrishnan, Judge. sl.