IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9383 of 2008(P) ------------------------------------- PETITIONER: ------------------- T.MOHANAN, AGED 40 YEARS S/O.THANKAPPAN CHETTIYAR, "BISMILLAH" PATTATHANAM, KADAPPAKKADA P.O., KOLLAM. BY ADV. SRI.RAJA VIJAYARAGHAVAN, ADV. SRI.R.RENJITH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, OFFICE OF THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASST. EXCISE COMMISSIONER, OFFICE OF THE ASST. EXCISE COMMISSIONER, KOLLAM. 4. THE CIRCLE INSPECTOR OF EXCISE, KOLLAM. R1 TO R4 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.9383 of 2008-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of March, 2008. JUDGMENT The petitioner admittedly did not conduct any toddy shop during the current abkari year. He says that he could not participate in the auction because he was prevented from doing so. Clause 11 of the Abkari Policy for the coming year as contained in G.O.(MS).NO.38/2008/TD dated 29-2-2008 is quite clear, as already held by me, that to get the benefit of that provision, one has to have conducted the shop for three continuous years immediately preceding the coming abkari year. Therefore, unless he had conducted a shop during the abkari year ending 31-3-2008, the petitioner cannot seek any claim for preference under Clause 11 of the Abkari Policy. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/