LAWS(KER)-2007-3-96

SUDHEESH KUMAR Vs. STATE OF KERALA

Decided On March 20, 2007
SUDHEESH KUMAR, S.R.K.VILLA Appellant
V/S
COMMISSIONER OF EXCISE Respondents

JUDGEMENT

(1.) The petitioner in W.P.(C)9263/07 was the licensee of the shop in question. He was involved in an Abkari offence. As of now the petitioner in W.P.(C)9263/07 has relinquished his right to conduct the toddy shop in question during Abkari year ending 2004. This means that he is not entitled to any preference under Rule 5(1)(a) of the Disposal Rules as amended by S.R.O. 222 of 07.

(2.) The petitioner in W.P.(C)9530/07 is the licensee of the shop in question for the three preceding Abkari years. If that be so, the question of his entitlement to preference on the basis of the aforesaid rule will be appropriately applied by the Abkari authorities in the matter of allotment for the Abkari year 2007-08.

(3.) The non-availability of preference would not disentitle the petitioner in W.P.(C)9263/07 to participate for consideration of allotment, if he is otherwise eligible. These writ petitions are disposed of in the above terms.