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Petitioners herein were licencees with respect to toddy shops in Group No.VIII of Changanacherry Excise Range for the year 2010-2011. Since the licence was cancelled on the basis of registration of a criminal case, as per CR.No.78/10, they were not allowed any preferential right for allotment of toddy shops for the succeeding year of 2011-12. Petitioners in this writ petition is challenging denial of the preferential right and is seeking directions for permitting to conduct shops for the remaining period in the year 2011-12.

2. Petitioners have produced Ext.P11 judgment passed by this court in Crl.M.C.No.3502/11. It is evident that, the criminal case registered against the petitioners was quashed by this court. In view of Ext.P11 judgment the petitioners contended that the cancellation was illegal and the denial of preferential right was not justified. However, the current Abkari year will expire on 31.3.2012. I am of the view that, in view of quashing of the  criminal case the question regarding preferential right of the petitioners need only be considered while deciding the sale of licence for conducting of the toddy shops for the coming year, 2012-13. Since Rule 5(1)(a) is attracted in the matter of granting preference, I am of the view that the petitioners are entitled to be considered for grant of licence for the coming year 2012-13, subject to the Abkari policy which will be formulated by the Government. However, since it is evident that the 6th respondent was conducting the toddy shops in question for the current year, he is also entitled to have preferential right under Rule 5(1)(a).