2025:KER:27196 W.P (C)No.46409/2024 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 46409 OF 2024 PETITIONER/S: BINOY P.B., AGED 41 YEARS S/O. P.K. BHASKARAN, PARIYARATHU HOUSE, CHIRAKKADAVU, CHERUVALLI VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN - 686506 BY ADVS. M.G.KARTHIKEYAN NIREESH MATHEW C.C.THOMAS (SR.) RESPONDENT/S: 1 STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, EXCISE HEADQUARTERS, NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033 3 THE JOINT EXCISE COMMISSIONER, NORTHERN ZONE, EXCISE HEAD QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033 4 THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM DIVISION, COLLECTORATE (P.O.), KOTTAYAM, PIN - 686002 5 THE CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE, MINI CIVIL STATION, PONKUNNAM, KOTTAYAM DISTRICT, PIN - 686506 2025:KER:27196 W.P (C)No.46409/2024 -2- 6 THE STATION HOUSE OFFICER, PONKUNNAM POLICE STATION, PONKUNNAM, KOTTAYAM, PIN - 686506 7 THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, ERUMELI, ERUMELI P.O., KOTTAYAM DISTRICT, PIN - 686509 OTHER PRESENT: SRI SREEJITH V.S.,GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27196 W.P (C)No.46409/2024 -3- J U D G M E N T The petitioner has approached this court challenging Ext.P12 order issued by the Excise Circle Inspector, Ponkunnam finding that the petitioner is not entitled to a preference certificate under the Kerala Abkari Shops Disposal Rules, 2002 on account of the fact that one of the employees of the petitioner was accused in a case alleging commission of offence under Section 55 (a) (i) of the Abkari Act. 2. The learned counsel for the petitioner submits that only reason for denying preference certificate to the petitioner was that one of the employees of the petitioner had been involved in a case alleging commission of an offence under the Abkari Act. It is submitted that by judgment in SC No.589/2021 on the files of the Sessions Court, Kottayam [produced along with memo dated 19-03-2025], the employee of the petitioner against whom the case had been registered has been acquitted. It is submitted that in such circumstances, the Circle Inspector of Excise may be directed to reconsider the question of eligibility of the petitioner for preference certificate. 3. The learned Government Pleader submits that in the light of the judgment in SC No.589/2021 on the file of the Sessions Court, Kottayam, the Excise Circle Inspector, Ponkunnam (5th respondent) can be directed to reconsider the matter after affording an opportunity of hearing to the petitioner. 2025:KER:27196 W.P (C)No.46409/2024 -4- 4. Having heard the learned counsel for the petitioner and the learned Government Pleader and having regard to the facts and circumstances noticed above, this writ petition will stand disposed of setting aside Ext.P12 and directing that the question of eligibility of the petitioner for preference certificate shall be reconsidered by the 5th respondent in accordance with the law also taking note of the judgment of the Sessions Court, Kottayam in SC No.589/2021. The needful shall be done within a period of one month from the date of receipt of a certified copy of this judgment, after affording to the petitioner an opportunity of being heard. Sd/- GOPINATH P. JUDGE AMG 2025:KER:27196 W.P (C)No.46409/2024 -5- APPENDIX OF WP(C) 46409/2024 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE ORDER NO.EXC/1108/2021/XA7 DATED 08.03.2021 PASSED BY THE EXCISE COMMISSIONER. Exhibit P2 A TRUE PHOTOCOPY OF THE ORDER CANCELING THE LICENSES OF ALL THE TODDY SHOPS IN GROUP NO.V OF ERUMELI EXCISE RANGE Exhibit P3 A TRUE PHOTOCOPY OF THE LATEST INTERIM ORDER Exhibit P4 A TRUE PHOTOCOPY OF THE ORDER DATED 20.03.2023 PASSED BY THE EXCISE COMMISSIONER Exhibit P5 A TRUE PHOTOCOPY OF THE ORDER DATED 05.05.2023 PASSED BY THE EXCISE COMMISSIONER Exhibit P6 A TRUE PHOTOCOPY OF THE INTERIM ORDER DATED 22.06.2023 Exhibit P7 A TRUE PHOTOCOPY OF THE ORDER DATED 08.09.2023 OF THIS HON'BLE COURT IN CRL.MC.NO.7212/2023 Exhibit P8 A TRUE PHOTOCOPY OF THE PREFERENCE CERTIFICATE (ALONG WITH ITS TYPED COPY) Exhibit P9 A TRUE PHOTOCOPY OF THE ORDER CANCELING EXT.P8 PREFERENCE CERTIFICATE DATED 23.09.2023 AFTER FILING THE WRIT PETITION, Exhibit P10 A TRUE PHOTOCOPY OF THE COMMON JUDGMENT DATED 01.10.2024 IN WP(C) NO.31470/2023 Exhibit P11 A TRUE PHOTOCOPY OF THE LETTER DATED 08.10.2024 SUBMITTED BY THE PETITIONER TO THE C.I. OF EXCISE, 5TH RESPONDENT Exhibit P12 A TRUE PHOTOCOPY OF THE ORDER DATED 10.12.2024 OF THE 5TH RESPONDENT PASSED IN PURSUANCE TO THE DIRECTIONS IN EXT.P10 JUDGMENT 2025:KER:27196 W.P (C)No.46409/2024 -6- Exhibit P13 A TRUE PHOTOCOPY OF THE PETITION FILED UNDER RULE 11 OF THE RULES 2002 Exhibit P14 A TRUE PHOTOCOPY OF THE PETITION FOR STAY FILED ALONG WITH EXT.P13