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2014 (4) TMI 192 - KERALA HIGH COURTApplication for preferential right - Cancellation of license - Preference under Rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002 - Held that:- incontestably, even after the said amendment the condition for grant of privilege of vending toddy in respect of those licensees who had conducted the shops during 2002-03 and subsequent years and whose licenses were cancelled due to registration of abkari cases falling under latter limb of Rule 5(1)(a) of the Rules and subsequently exonerated by the courts remains as such without any change. In such circumstances, I am of the view that the reasons in Ext.P5 viz., registration of an abkari case and consequential cancellation of the license should not have been assigned as a reason for rejecting his claim for preferential right under Rule 5(1)(a) of the Rules owing to his acquittal as per Ext.P1 judgment. In the circumstances, the said rejection was based on a non-existent ground and therefore, the petitioner's claim for preference calls for a fresh consideration. Accordingly, Ext.P5 is set aside. Consequently, there will be a further direction to the fourth respondent to restore Ext.P3 application and consider the claim of the petitioner for preference in terms of Rule 5(1)(a) of the Rules and pass appropriate orders thereon taking into account whether the petitioner satisfies the requisite conditions for preference in terms of the latter limb of Rule 5(1)(a) of the Rules - Decided in favour of applicant.
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