GEORGE MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking the following reliefs:

(2.) The facts leading to the filing of this writ petition, as stated therein, are as follows: The petitioner is the licensee of the toddy shops in Group No.IV of the Kothamangalam Excise Range from 2007 onwards. The license was allotted to him for the years 2014-2017 as preferential right as per Rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002 (hereinafter referred to as 'the Rules'). On 24.02.2010, samples of toddy were taken from the toddy shop T.S.No.15 of Group No.IV of Kothamangalam Excise Range as per Rule 8 of the Rules. One of the samples was sent for chemical analysis. The report of chemical analysis dated 17.06.2010 (Ext.P1) revealed that the sample contained ethyl alcohol by 8.23% by volume which was in excess of the prescribed limit as per Rule 9(2) of the Rules. Consequently, on 20.01.2017, a case was registered against the petitioner as Crime No.9/2017 of the Kothamangalam Excise Range under Sections 56(b) and 57(a) of the Abkari Act as per Ext.P2 crime and occurrence report. Since the aforesaid case was registered against the petitioner in violation of the provisions contained in Rule 8(3) of the Rules, the petitioner filed Crl.M.C.No.745/2017 before this Court for quashing the proceedings against him in the aforesaid case. As per the interim order dated 23.03.2017 (Ext.P3) in Crl.M.C.No.745/2017, this Court stayed all further proceedings against the petitioner based on Ext.P2 crime and occurrence report and also directed the State to permit the petitioner to conduct the toddy shops in Group No.IV of the Kothamangalam Excise Range without taking into consideration the registration of the case against him as a disqualification.

(3.) It is stated in the writ petition that, as per the new Abkari policy of the Government, toddy shops are to be allotted for a period of three years or till the formation of the Toddy Board, whichever is earlier. The allotment/sale of the toddy shops in the Kothamangalam Excise Range was scheduled to be conducted on 18.03.2020. Rule 5 of the Rules deals with granting privilege of vending toddy. As per Rule 5(1)(a) of the Rules, as amended by the notification issued by the Government as S.R.O. No. 201/2020 dated 12.03.2020, while giving privilege, preference shall be given to those licensees who had conducted toddy shops during the year 2019-2020, provided no abkari case is registered against them other than under Section 56 of the Abkari Act. As per the amended Rule 5(1)(a), the petitioner is entitled to get preferential right for conducting toddy shops since he has been conducting the toddy shops in the year 2019-2020. The respondents have told the petitioner that preferential right for allotment of toddy shops will not be granted to him unless and until direction is issued by this Court in that regard. The case registered against the petitioner is invalid for the reason that it is registered in violation of the provisions contained under Rule 8(3) of the Rules, after a period of six and a half years of the issue of the chemical analysis report in respect of the sample taken from the toddy shop. Hence the writ petition seeking the reliefs mentioned above.