SIVANKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) ON the strength of Exts.P1 to P(d) licences issued under the Kerala Abkari Shops Disposal Rules, 2002, petitioner submits that he was the licencee of the toddy shops mentioned therein for the year 2011-2012, which continued till 31.07.2012. Ext.P2 series are the toddy transport permits, which also contains the name of the petitioner as the licencee of the Toddy Shops in question. On expiry of licence period, allotment of the shops for the remaining part of the year 2012-2013 was scheduled to take place on 27.07.2012. In order to claim preference as contemplated under Rule 5(1)(a) of the Rules and Ext.P3, the Abkari Policy for the year 2012-2013, the petitioner says that he obtained Ext.P4 certificate as provided in Rule 5(2) of the Rules. It is also his case that he obtained Exts.P5 and P6 certificates. According to him, he produced those certificates before the third respondent on 27.07.2012 and claimed preference. However, denying him the preference, which he was entitled, the District Collector proceeded to conduct draw lots as provided in Rule 5(9) of the Rules with the petitioner and the 5th respondent being the applicants. Thereafter, the 5th respondent was selected for allotment of the shops in question.

(2.) IT was thereupon that the petitioner filed this writ petition, with the following prayers:

(3.) ON behalf of the official respondents, a statement has been filed by the learned Government Pleader. Insofar as the claim of the petitioner for preference is concerned, it is stated thus in paragraph 2 of the statement thus;