IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 2617 of 2010(B) ------------------------- PETITIONER(S): ------------------------ T.D.GIRISH, AGED 46 YEARS, S/O.DAMODARAN, THAYYIL HOUSE PUNILINKUNNU PO PULINKUNNU VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP BY SECRETARY\TAXES (A)DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE ALAPPUZHA. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KUTTANADU, ALAPPUZHA DISTRICT. 5. THE DISTRICT COLLECTOR, ALAPPUZHA. GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 2617 OF 2010 (B) ===================== Dated this the 11th day of February, 2010 J U D G M E N T Petitioner was the licencee of toddy shops in Group XII in Kuttanad Excise Range. On the basis of the registration of CR No.61/09, by Ext.P4 order, licence was suspended and was eventually cancelled by Ext.P6 order. It is thereupon the writ petition is filed challenging Exts.P4 and P6. Alternatively preferential right on the basis of Rule 5 of the Rules 2002 in the matter of allotment of the shops in question is also claimed by the petitioner. 2. As far as the first prayer seeking to quash Exts.P4 and P6 is concerned, this Court had occasion to deal with similar contentions in WP(C) No.28/2010 and connected cases. By judgment dated 01/02/2010, those writ petitions were dismissed and the judgments were confirmed by the Division Bench in WA No.228/10 and connected cases by judgment dated 9/2/2010. In view of this, the prayer seeking to quash Exts.P4 and P6 is only to be rejected. 3. It is seen that the petitioner has filed Ext.P7 before the WPC 2617/10 :2 : respondents claiming preference as provided in Rule 5 of the Rules 2002 and the said application is pending. Therefore, it is directed that the 5th respondent shall consider Ext.P7 and pass orders thereon. This shall be done before 18th of February, 2010, on which date it is stated that the auction is already scheduled. 4. Petitioner may produce a copy of this judgment along with a copy of this writ petition before the respondents for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp