IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 17562 of 2011(U) ----------------------------------------- PETITIONER(S): ------------------------- K.R.RAVEENDRAN, S/O. LATE RAGHAVAN, PUTHUVELIL HOUSE, (KIZHAKKEDATH), EDAMARUKU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.JEEVAN MATHEW MANAYANI RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.PIN-695 001 2. THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISED, OLD BOARD OF REVENUE BUILDING, MUSEUM ROAD, THIRUVANANTHAPURAM.PIN-695 004 3. ASSISTANT EXCISE COMMISSIONER, OFFICE OF THE ASSISTANT EXCISE COMMISSIONER, KOTTAYAM-2. R1 TO R3 BY GOVERNMENT PLEADER SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.17562/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ASSESSMENT NOTICE ISSUED TO THE PETITIONER FROM HIS MOTHER BY THE TODDY WELFARE FUND INSPECTOR KOTTAYAM DATED 5/4/1993. P2 COPY OF THE ORDER OF THE TODDY WELFARE FUND INSPECTOR KOTTAYAM DATED 1/12/1990. P3 COPY OF THE PAYMENT RECEIPT FOR THE TODDY WELFARE FUND ARREARS. P4 COPY OF THE PETITION DATED 25/2/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts HARUN-UL-RASHID, J. --------------------------------------- W.P.(C) No. 17562 of 2011 --------------------------------------- Dated this the 29th day of July 2011. JUDGMENT The writ petition is field for a direction commanding the respondents 1 to 3 to consider and dispose of Ext.P4 representation within the time frame after hearing the petitioner. 2. It is stated in the writ petition that the petitioner is the son of Late Raghavan who was the licensee of T.S.No.166(Edamaruku), 167 (Palakuchari), and 168 (Upputupara) during 1960-1994. The case of the petitioner is that he had helped his late father to conduct and function the aforesaid toddy shops and that after the death of his father, his mother was the licensee for later periods and he was managing the toddy shop. According to him he is an experienced person in the conduct of toddy shops. 3. In the statement inter alia stated that mere experience in in conducting toddy shops as a management employee of a licensee is not a criteria for getting preference as per the Rules. It is also stated that Abkari Policy for 2010-2011, license of the existing shops are renewed for 2010-11 to the W.P.(C) No. 17562/2011 2 licensees of 2009-2010 and petitioner has no sustainable claim. 4. Learned counsel for the petitioner submits that Ext.P4 representation is pending consideration before the 2nd respondent. Learned counsel for the petitioner submits that a direction may be issued to the 2nd respondent to consider and dispose of Ext.P4 representation at an early date. 5.In the facts and circumstances of the case direction is issued to the 2nd respondent to consider and dispose of Ext.P4 representation within a period of 3 weeks from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 2nd respondent. HARUN-UL-RASHID JUDGE al