J U D G M E N T

Petitioner was the licensee of Toddy Shop No.22/2007-08 (Cheruthony) of Idukki Excise Range. A copy of the licence is Ext.P1. By Ext.P2, licence was again granted for the year 2008- 09 and thereafter it was again granted for 2009-2010. According to the petitioner, he is one of the accused in Crime No.7/2008 registered by Idukki Excise Range and the case is pending before the Judicial First Class Magistrate Court, Idukki. It is stated that, the Investigating Officer has submitted the final report but the committal proceedings have not been completed and charge as provided under Section 211 Cr.P.C has not been framed against him. In the circumstances, petitioner submits that, in view of Exts.P4 and P5 judgments of this Court, he cannot be denied preference under Rule 5(1)(a) of the Abkari Shops Disposal Rules 2002 nor can be excluded from participating in the auction for the conduct of the toddy shops.

:2 :

2. Learned Sr. Counsel for the petitioner, contended that neither under Rule 5(1)(a) nor under Rule 5(3)(i) of the Abkari Shops Disposal Rules 2002 can a person be excluded from allotment of Toddy Shops for the reason that he is an accused in a case involving offences