IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 10020 of 2008(P) ------------------------------------- PETITIONERS: --------------------- 1. K.J.VARGHESE, KUNNATH HOUSE PINDIMANA P.O., KOTHAMANGALAM TALUK ERNAKULAM DISTRICT. 2. BINU P.MATHEW, PARAPPAT HOUSE VETTAMPARA P.O., PINDIMANA VILLAGE KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 3. MATHEW JOSEPH, THARAMUTTATH HOUSE VETTAMPARA, PINDIMANA P.O. KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 4. M.P. SCARIA, MOOTHARIL HOUSE VETTAMPARA, PINDIMANA P.O. KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. 5. PAUL JOSEPH, MELOTH HOUSE VETTAMPARA, PINDIMANA P.O. KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.BABY RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO TAXES(G)DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER ERNAKULAM. 4. THE DISTRICT COLLECTOR, ERNAKULAM. BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.10020/2008-P & 10024/2008-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008. JUDGMENT The petitioners in these cases, admittedly, had not conducted toddy shops for three years consecutively immediately preceding the abkari year 2008-09. They are, therefore, not entitled to claim any preference in terms of Clause 11 of the Abkari Policy Order dated 29-2-2008. The writ petitions fail and the same are accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/260308