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. 9967 of 2008(J) ------------------------- PETITIONERS: --------------- 1. SHAJIKUMAR, S/O.SUKUMARAN MAVILAKADAYARA VEEDU, VENGAPPOTTA KANJIRAMKULAM, NEYYATTINKARA TALUK THIRUVANANTHAPURAM DISTRIT. 2. N. SAMPATH, S/O.NARAYANA PANICKER URULODE, MEKKUMKARA PUTHEN VEEDU KUDAYAL P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE EXCISE COMMISSIONERATE, THIRUVANANTHAPAURAM. 3. THE DISTRICT COLLECTOR THIRUVANANTHAPURAM. 4. THE ASSISTANT EXCISE COMMISSIONER THIRUVANANTHAPURAM. BY SR.GOVT.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).No.9967 of 2008-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008. JUDGMENT 1.The petitioners filed WP(C)13092/2007 challenging the preference granted to one Shyamalan, 6th respondent in the said writ petition and the consequential grant of licence to him in respect of toddy shops in Group No.III of Kazhakkoottam Excise Range. It is stated that an interim order was issued in that writ petition to the effect that the confirmation of the sale of those shops would be subject to the result of that writ petition. 2.With the passage of time, the abkari year 2007-08 is coming to a close and the Government's Abkari Policy for the year 2008-2009 has been declared as per G.O.(MS).No.38/2008/TD dated 29-2-2008. In terms of Clause 11 of that Government Order, preference is to persons who had conducted toddy shops for three years consecutively. This has WP(C)9967/2008 -: 2 :- been interpreted by me to say that the said clause means that preference shall be for persons who had been conducting the toddy shops consecutively for the three years, including 2007-2008. 3.Whatever be the reason, the petitioners had not been conducting the toddy shop during 2007-2008. Therefore, the claim of the petitioners for any preference in terms of Clause 11 of that Government Order cannot be recognized. 4.In the passing, it is also pointed out by the learned counsel for the petitioners that Group III in Kazhakkoottam Excise Range has been abolished for the coming abkari year and therefore, WP(C). 13092/2007 would also, ultimately, be infructuous. 5.In the result, the writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, Sha/260708 JUDGE.