2014 (4) TMI 192

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....ENT Petitioner was the licensee of Toddy Shop No.57 under Group No.XV of Thrithala Excise Range in Palakkad District for the year 2002-2003, 2003-2004 and 2005-2006. While so, Crime No.36 of 2005 of Mankara Police Station was registered against the petitioner under section 55(a) of the Kerala Abkari Act and his license was cancelled. Subsequently, as per Ext.P1 judgment dated 22.9.2010 in S.C.N....

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.... the said G.O. dated 22.02.2014, no amendment was brought to the second limb of Rule 5 (1)(a) of the Rules.   2. I have heard the learned counsel for the petitioner and the learned Government Pleader. In the context of the aforesaid contention of the petitioner it is only appropriate to refer to Rule 5(1) (a) of the Rules and the same reads thus:- "5.The grant of privilege of vending To....

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....endment was brought to the latter limb of Rule 5(1)(a) of the Rules. A perusal of the said G.O would reveal that an amendment was brought in only in the opening sentence of Rule 5 (1)(a) of the Rules and that too, only with respect to the figures and symbols '2011-2012' and the same was substituted as '2013-2014'. In other words, incontestably, even after the said amendment the con....

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.... 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 ter....