Introduction:

The issue in this writ petition concerns the statutory benefit of `preference' to an exonerated licencee. To be precise, once an erstwhile licencee is exonerated of an abkari offence, at what specific stage can he claim his preferential right to licence? Should he wait until the end of the licence period of the subsequent licencee, whatever be the length of the licence period?

Facts:

2. The 1st petitioner and the 2nd petitioner's deceased husband along with the 7th respondent were the licensees of Toddy Shop Nos. 54 to 59 in Group No. X of Erattupetta Excise Range under Kottayam Division. It was for the abkari year 2012- 13.

3. On 19.01.2012 the excise authorities took a sample of toddy from the petitioners' Shop No. 55 and subjected it to chemical analysis. On the allegation that starch had been found mixed in the toddy, the Excise Inspector, Erattupetta Range, registered Crime No. 52/2012 against the licencees: the 1st petitioner, the 2nd petitioner's husband, and the 7th respondent. As a corollary, the authorities have cancelled their toddy licence, too.

4. In the subsequent auction, the 6th respondent, who is none other than the 7th respondent's brother, emer