IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 17755 of 2009(L) ----------------------------------------- PETITIONER(S): -------------------------- RADHAKRISHNAN, S/O. PUSHKARA PANICKER, RESIDING AT OLIPPU VILA, MUTTAKKAD, VELLAYANI.P.O., KALLIYOOR, TRIVANDRUM. BY ADV. MR.K.B.PRADEEP RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY(TAXES), GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY(TAXES),GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE COMMISSIONER OF EXCISE, GOVERNEMT OF KERALA, TRIVANDRUM. 4. THE DEPUTY COMMISSIONER OF EXCISE, TRIVANDRUM RANGE, GOVERNMENT OF KERALA, TRIVANDRUM. 5. THE ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, FORT, TRIVANDRUM. 6. THE CIRCLE INSPECTOR OF EXCISE, TRIVANDRUM RANGE, OFFICE OF THE EXCISE CIRCLE, FORT, TRIVANDRUM. BY GOVERNMENT PLEADER MR. SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.17755 of 2009-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of June, 2009. JUDGMENT The petitioner was a licensee for the abkari years 2006-07, 2007-08 and 2008-09. He is not one who had come into the field as a licensee for the shop at the commencement of the abkari year 2006- 07. The allottee got involved in a criminal case and his licence was cancelled. It was thereafter that the petitioner was allotted the shop. But the petitioner had to pay the entire amounts due from a licensee for the entire abkari year 2006- 07. Therefore, for all intents and purposes, he has to be treated as one who had a licence and experience during the entire abkari year 2006-07. Any other interpretation would result in manifest miscarriage of justice. Taking that view, the petitioner should be treated as entitled to the benefit of having conducted the shop continuously WP(C)17755/09 -: 2 :- from 2006 to 2009 and any preference that may be due to him on account of that, would be decided accordingly. The writ petition is ordered accordingly. Issue copy today itself. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/260609