IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 6383 of 2011(W) --------------------------------- PETITIONER(S): ------------------- V.SAJI, S/O.VIDHYADAHARAN, VIJAYA BHAVAN, THURUTHI P.O., CHANGANACHERRY, KOTTAYAM. BY ADVS. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): -------------------- 1. THE 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 DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA. 4. THE CIRCLE INSPECTOR OF EXCISE, KUTTANAD EXCISE RANGE, KUTTANAD. 5. THE DISTRICT COLLECTOR, ALAPPUZHA. BY GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.6383 OF 2011 -------------------------------------------- Dated this the 8th day of March, 2011 JUDGMENT The petitioner who was a licensee of Toddy Shop No.59 in Kuttanad Excise Range under the Alappuzha Division from 2002-'03 to 2006-'07 filed this Writ Petition mainly seeking issuance of a writ of mandamus commanding the respondents to issue preference certificate enabling him to participate in the resale of toddy shops in Group No.XVIII of Kuttanad Excise Range proposed to be held in pursuance to Ext.P2 press release as an applicant entitled for preference. The further prayer is for issuance of a writ of mandamus declaring that the petitioner is entitled for preference certificate on account of the experience gathered by him by conducting toddy shop No.59 of Kuttanad Excise Range from 2002 to 2007 and for a direction to the respondents to consider and pass orders on Ext.P3 representation. 2. When this matter is taken up for consideration, the learned counsel for the petitioner submitted that on account of the subsequent developments, the petitioner is confining his prayers to one for a direction to the respondents to consider and pass orders on Ext.P3 representation. In W.P.(C) NO.6383/2011 2 view of the order I propose to pass in this Writ Petition, I do not think it necessary to consider the contentions raised by the petitioner in this Writ Petition, on merits. Ext.P3 is, in fact, a representation submitted to the Hon'ble Minister for Excise and Labour, Kerala State. The learned counsel for the petitioner submitted that consequently, Ext.P3 representation was forwarded by the Hon'ble Minister for Excise and Labour to the first respondent viz., the Department of Taxes. Therefore, this Writ Petition is disposed of with a direction to the first respondent to consider Ext.P3, if it is received and pending consideration, and pass orders thereon expeditiously, at any rate, before 31.3.2011. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.6383/2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.6383/2011 4