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R.Shaji vs State Of Kerala on 17 March, 2010

Kerala High Court
R.Shaji vs State Of Kerala on 17 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8153 of 2010(T)


1. R.SHAJI,
                      ...  Petitioner
2. S.SUNDARESAN, KUTTIPPURATH VEEDU.

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE EXCISE COMMISSIOENR,

3. THE ASSISTATN EXCISE COMMISSIONER,

4. THE EXCISE INSPECTOR, CHATHANNOOR

                For Petitioner  :DR.K.P.SATHEESAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :17/03/2010

 O R D E R
                        ANTONY DOMINIC, J.
                       ------------------
             WP(C) Nos.8153 (T) & 8603 (A) of 2010
                  --------------------------
             Dated, this the 17th day of March, 2010

                            J U D G M E N T

The petitioners are licensees and salesmen of toddy shops in

Chathannoor Excise Range in Kollam district. According to the

petitioners, they are entitled preference in the matter of allotment of

toddy shops for the year 2010-2011. However, they apprehend

that in view of Ext.P2, the Crime and Occurrence Report in

C.R.No.12/2008, and Crime and Occurrence Report in C.R.No.

932/2009, they are likely to be denied preference under Rule 5(1)(a)

of the Abkari Shops Disposal Rules, 2002.

2. According to the petitioners, although crime has been

registered and FIR has been lodged, offences have not been

charged, and that therefore, mere registration of crime shall not

result in denial of preference. The learned counsel also referred me

to the judgment of this Court in WP(C) No.9603/2008 in support of

this contention.

3. However, from the Crime and Occurrence Report in

WP(C) Nos.8153 & 8603/2010
-2-

C.R.No.12/2008 against the petitioners in WP(C) No.8153/2010, it

is noticed that the petitioners are accused for offences under

Sections 8(1) & (2), 55(a), 56(b) and 57(a) of the Abkari Act.

Similarly, offences alleged against the petitioners in WP(C)

No.8603/2010 are under Section 55(a) of the Abkari Act and under

various provisions of the Indian Penal Code. Rule 5(1)(a) of the

Kerala Abkari Shops Disposal Rules, 2002 provides for preference,

and one of the conditions for preference is that no abkari case is

registered against the licensee, who claims privilege, other than

under Section 56 of the Abkari Act. In this case, since from the

crime and occurrence reports itself, it is evident that abkari cases

are registered against the petitioners for offences other than under

Section 56 of the Abkari Act, and in which case the petitioners

cannot claim preference under Rule 5(1)(a) of the Abkari Shops

Disposal Rules, 2002. In that view of the matter I am not persuaded

to direct the respondents to give preference to the petitioners.

These writ petitions fails and are accordingly dismissed.

(ANTONY DOMINIC, JUDGE)
jg

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