IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 7724 of 2010(M) ------------------------- PETITIONER(S): --------------- P.SUBRAMANIAN @ MANI, S/O.APPU,PEROTH HOUSE, PUTHENKULAM DESOM, VELLINEZHI VILLAGE, OTTAPPALAM TALUK. BY ADV. SRI.M.C.JOHN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT (TAXES) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD, 3. THE DISTRICT COLLECTOR, PALAKKAD. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.7724 of 2010 (M) --------------------------------- Dated, this the 10th day of March, 2010 J U D G M E N T The petitioner submits that he was the licensee of T.S.No.25 (Pulapetta) and T.S.No.55 (Kulakkattukurissi) in Cherplasserry Excise Range during 2003-04 and 2004-05. It is stated that on account of registration of Crime No.34/04 of the Excise Range Office, Cherplasserry, in which he was an accused, his licence was cancelled. According to the petitioner, the case was charge sheeted before the Sessions Court as S.C.No.21/09, and that by Ext.P1 judgment, he has been acquitted by the Trial Court. According to him, by virtue of the fact that he has been acquitted by the Sessions Court, he is entitled to get preference under Rule 5 of the Abkari Shops Disposal Rules, 2002. 2. As on date, no order denying preference to the petitioner has been passed, and as at present, I have no reason to think that the petitioner will be denied preference, if he is otherwise entitled for the same. Therefore, as at present, the writ petition is premature and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg