IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 4367 of 2010(U) ------------------------- PETITIONER(S): --------------- 1. RAVI,AGED 53 YEARS,S/O.KESAVAN, THARAYIL HOUSE,PALLIPPATTU MURI,THRIKKUNNAPPUZHA VILLAGE,KARTHIKAPPALLY TALUK,ALAPPUZHA DISTRICT. 2. SAJI,AGED 26 YEARS,S/O KRISHNANKUTTY, VALLOOR HOUSE,KANNAMANGALAM THEKKU MURI, KANNAMANGALAM VILLAGE,MAVELIKKARA TALUK, 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 COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE,PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA. 4. THE EXCISE INSPECTOR,EXCISE RANGE OFFICE KARTHIKAPPALLY,ALAPPUZHA DISTRICT. 5. THE DISTRICT COLLECTOR,ALAPPUZHA. MS.K.R.DEEPA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2010, ALONG WITH WP(C) NOS.4396 & 4397 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) Nos.4367 (U), 4396 (Y) & 4397 (Y) of 2010 --------------------------------- Dated, this the 10th day of February, 2010 J U D G M E N T The petitioners were licensees of toddy shops. Their licences were cancelled for the reason that criminal cases were registered against the petitioners. Writ petitions filed against the cancellation of the licences have been dismissed. It is also reported that appeals filed against the judgments were also dismissed by a Division Bench of this Court. 2. The petitioners have thereafter filed Ext.P8 applications claiming preferential right to get the shops allotted to them. They are relying on Rules 5(1)(a) and 5(3) of the Kerala Abkari Shops Disposal Rules, 2002. Further reliance is also placed on Exts.P5 to P7 judgments. 3. The learned Government Pleader, however, placed reliance on the judgment of this Court in WP(C) No.31562/2009 to dispute the entitlement of the petitioners. 4. Be that as it may, now that Ext.P8 applications filed by WP(C) Nos.4367, 4396 & 4397/2010 -2- the petitioners are pending before the 5th respondent, it is directed that the 5th respondent shall consider the claim raised by the petitioners in the light of the judgments referred to above and as expeditiously as possible, and at any rate before 18/02/2010, on which the auction is now scheduled. The petitioners shall produce a copy of this judgment along with a copy of the writ petition before the 5th respondent for compliance. These writ petitions are disposed of as above. (ANTONY DOMINIC, JUDGE) jg