IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 19247 of 2010(E) -------------------------- PETITIONER(S): --------------- K.RAVEENDRAN PILLAI, S/O.KESAVA PILLAI, KIZHAKKEDATHU KIZHAKKATHIL, KILIKOLLUR VILLAGE, KALLUMTHAZHAM P.O., KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL SRI.C.SINOY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES (EXCISE DEPARTMENT) SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, GOVERNMENT OF KERALA, NANDAVANAM, THIRUVANANTHAPURAM. 3. THE DEPUTY EXCISE COMMISSIONER, EXCISE COMPLEX, CHINNAKKADA, KOLLAM. 4. THE CIRCLE INSPECTOR OF EXCISE, EXCISE COMPLEX, CHINNAKKADA, KOLLAM. 5. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19247/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of June, 2010 J U D G M E N T The petitioner herein is aggrieved by the denial of a certificate showing his preference for participating in the re-sale of Group No.II of Kollam Excise Range scheduled to take place on 24/06/2010. According to the petitioner, he was a licensee of T.S.No.13 of Kollam Excise Range for the Abkari year 2004-05 which was renewed for the year 2005-06. Again in 2006-07 it was renewed. But he was involved in a crime case and, Crime No.174/2006 of Kilikollur Police Station was registered against him. Even though the licence was cancelled, the registration of the crime was the subject matter of Crl.M.C.No.1188/2006 wherein the proceedings were quashed in his favour. In a writ petition filed by him, this Court directed the respondents to reinstate the licence in respect of T.S.No.13 of Kollam Excise Range as per Ext.P2 Judgment and, accordingly, the licence was issued as per Ext.P3. The petitioner is relying upon Rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002 to contend that since the petitioner was having the licence for the respective years shown therein, the application seeking a certificate showing preference is liable to be allowed as such. W.P.(C). No.19247/2010 -:2:- 2. The learned Government Pleader on instructions submitted that as far as the relevant year is concerned (2010-11), going by the Abkari Policy announced for the year 2010-11, [G.O.(MS) No.55/2010/TD., dated 05/03/2010], it is mentioned in para (4) that “preference will be given to those persons who were running toddy shop during the year 2009-10”. 3. It is clear that the rules have been amended in tune with the Abkari Policy, 2010 and the amended rules have come into force. In the light of the above, as the petitioner was not a licensee in the year 2009-10, he is not entitled for any reliefs as sought for in the writ petition. The writ petition fails and the same is dismissed. But this will not stand in the way of the petitioner participating in the auction if he is otherwise eligible. No costs. (T.R. Ramachandran Nair, Judge.) ms