IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH APRIL 2008 / 27TH CHAITHRA 1930 WP(C).No. 11429 of 2008(I) -------------------------- PETITIONER: ------------ ANTONY THOMAS, PATHILCHIRA VEEDU, VELIYANAD P.O., VELIYANAD, ALAPPUZHA DISTRICT. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. 4. THE CIRCLE INSPECTOR OF EXCISE, KUTTANAD EXCISE CIRCLE, ALAPPUZHA. 5. THE DISTRICT COLLECTOR, ALAPPUZHA. 6. AJIMON, S/O.KOCHUKOCHU, PUTHUVEETTIL, KUMARAKAM P.O. KOTTAYAM DISTRICT. R1 TO R5 BY GOVT.PLEADER SRI.BASANTH BALAJI. R6 BY ADV. SRI.M.G.KARTHIKEYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.11429/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1- TRUE PHOTOCOPY OF THE GUIDELINES. EXT.P2- TRUE PHOTOCOPY OF THE PREFERENCE CERTIFICATE DT.26.03.2008 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXT.P3- TRUE PHOTOCOPY OF THE APPLIATION FOR LICENCE DT.27.3.2008, SUBMITTED BY THE PETITIONER. EXT.P4- TRUE PHOTOCOPY OF THE REPRESENTATION DT.30.3.2008. EXT.P5- TRUE PHOTOCOPY OF THE AMENDED RULES PUBLISHED VIDE G.O.(P). NO.57/2008 DATED 19.03.2008. RESPONDENTS' EXHIBITS: NIL. -TRUE COPY- P.S.TO JUDGE. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.11429 of 2008-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of April, 2008. JUDGMENT Today, it is not disputed by the sixth respondent that he did not have any preference certificate. Obviously, therefore, the impugned grant of licence in favour of the sixth respondent by treating him as a preferred candidate in preference to the petitioner is liable to be set aside. No other arguments are advanced in support of the impugned decision. In the result, it is declared that the grant of privilege to the sixth respondent to vend toddy in the toddy shops in Group No.XIX of Kuttanad Excise Range is ultra vires the Rules WP(C)11429/2008 -: 2 :- and the Abkari Policy of the State Government for the abkari year 2008-2009. The writ petition is allowed accordingly leaving the official respondents with liberty to proceed with re-auction of the shops. The auction, if any, shall be in accordance with law. All other issues are left open. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160408