IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 7434 of 2009(Y) ------------------------------------ PETITIONER(S): ---------------------- 1. M.A. RAMAKRISHNAN, AGED 70 YEARS, S/O.AYYAPPAN, MULANTHANAM HOUSE, CHELAD P.O., PINDIMANA, KOTHAMANGALAM. 2. M.R. SUKUMARAN, S/O.RAMAKRISHNAN, MULANTHANAM HOUSE, CHELAD P.O., PINDIMANA, KOTHAMANGALAM. 3. M.R. MANOHARAN, AGED 47, S/O.RAKAMRISHNAN, MULANTHANAM HOUSE, CHELAD P.O., PINDIMANA, KOTHAMANGALAM. BY ADV. MR.VAKKOM N.VIJAYAN MR.RENJU V. MR.ANIYAN P. SMT.RAMITHA M. RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, TAXES (G) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. THE ASST. EXCISE COMMISSIONER, ERNAKULAM. * ADDL. R5 IMPLEADED ADDL. R5: GEORGE MATHEW, AGED 54 YEARS, S/O.MATHAI, PARAPPATTPU HOUSE, VETTAMPARA P.O., PINDIMANA VILLAGE, KOTHAMANGALAM, ERNAKULAM DISTRICT. * ADDL. R5 IS IMPLEADED VIDE ORDER DATED 25/03/2009 IN I.A.3998/2009. R1 TO R4 BY GOVERNMENT PLEADER SMT.K.R. DEEPA ADDL. R5 BY MR.K.RAMAKUMAR, SENIOR ADVOCATE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 7434/2009-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE G.O.(MS)NO.34/07/TD DATED 01/03/2007. EXT.P2: COPY OF THE G.O.(MS)NO.27/09/TD DATED 13/02/2009. EXT.P3: COPY OF THE REPRESENTATION DATED 19/01/2009 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 12/12/2008 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE LETTER NO.XA1-26000/08/(VOL.II) DATED 09/03/2009 FROM THE 2ND RESPONDENT. EXT.P6: COPY OF THE ABKARI POLICY FOR THE YEAR 2008-09 DATED 29/02/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.7434 of 2009-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of June, 2009. JUDGMENT 1.The petitioners, admittedly, do not have three years' prior experience for priority in terms of Clause 3 of the Abkari Policy, 2009-2010. They, however, contend that certain other persons have been granted. I do not find any ground for the writ court to hold that there is hostile discrimination in such matters, even if it is demonstrated that the grant to another person is illegal because, the courts would not be parties to perpetuating illegality even under the cover of ensuring equality. 2.In so far as the claim of the petitioners that they have experience is concerned, the Abkari Policy has since been amended providing that in the absence of people with three years' WP(C)7434/2009 -: 2 :- experience, those who are running the shops for the immediately previous year 2008-09 would also be considered. Therefore, all that is required at this point of time is to consider the request of the petitioners also in terms of the latest policy of the Government. It is so ordered. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/170609