IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 11279 of 2008(P) --------------------------------------- PETITIONER: ------------------- ROBY JOSEPH, AGED 51 YEARS, S/O.OUSEPH, VEMPILLY HOUSE, VENGALLOOR P.O. THODUPUZHA. BY ADV. SRI.V.E.ABDUL GAFOOR. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, PYNAVU, IDUKKI DISTRICT. 2. COMMISSIONER OF EXCISE, EXCISE COMMISSIONER'S OFFICE, THIRUVANANTHAPURAM. 3. ASSISTANT COMMISSIONER OF EXCISE, IDUKKI, THODUPUZHA EXCISE OFFICE, THODUPUZHA. 4. CIRCLE INSPECTOR OF EXCISE, PEERUMADE RANGE, EXCISE OFFICE, PEERUMADE. 5. RANGE INSPECTOR OF EXCISE (SUB INSPECTOR), PEERUMADE RANGE, PEERUMADE. 6. RARICHAN GEORGE, KUZHIKUTTIYANI, VELLAYANKUDY, KATTAPPANA. BY GOVT. PLEADER SRI. K.V. MANOJ KUMAR, ADV. SRI.JOICE GEORGE - R6. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11279/2008-P: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE NEWS ITEM REGARDING THE AUCTION WHICH APPEARED IN MALAYALA MANORAMA DAILY ON 26/03/2008. EXT.P.2: COPY OF THE RECEIPT FOR THE ENTRY FEE ISSUED IN FAVOUR OF THE PETITIONER DTD. 27/03/2008. EXT.P.3: COPY OF THE IDENTITY CARD FOR THE INTENDING PURCHASER ISSUED IN FAVOUR OF THE PETITIONER. EXT.P.4: COPY OF THE APPLICATION TO BE SUBMITTED AT THE TIME OF AUCTION DTD. 27/03/2008. EXT.P.5: COPY OF THE DEMAND DRAFT TAKEN BY THE PETITIONER IN FAVOUR OF ASSISTANT EXCISE COMMISSIONER, IDUKKI DTD. 27/03/2008 FOR RS.40,000/- NO. 236392. EXT.P.5.A: COPY OF THE DEMAND DRAFT TAKEN BY THE PETITIONER IN FAVOUR OF ASSISTANT EXCISE COMMISSIONER, IDUKKI NO. 236393. EXT.P.5.B: COPY OF THE DEMAND DRAFT TAKEN BY THE PETITIONER IN FAVOUR OF ASSISTANT EXCISE COMMISSIONER, IDUKKI NO. 236394. EXT.P.6: COPY OF THE OBJECTION FILED BEFORE THE R.1. BY PETITIONER. EXT.P.7: COPY OF THE OBJECTION WAS FILED BEFORE THE R.2. ON 28/03/2008. RESPONDENT'S EXHIBITS: EXT.R6.A: COPY OF THE RELEVANT EXTRACT OF THE LICENCE OF THE TODDY SHOP NUMBER 1 PERUVANTHANAM OF PEERUMEDU EXCISE RANGE FOR THE YEAR 2008-09. EXT.R6.B: COPY OF THE PERMIT NO. 520/2008 - 09/IV/1/HY DTD. 10/04/2008 ISSUED BY THE ASST. EXCISE COMMISSIONER, PALAKKAD. EXT.R6.C: COPY OF THE MEMORANDUM OF SETTLEMENT DTD. 31/03/2008 SIGNED BY THE R.6 AND THE UNION LEADERS. //TRUE COPY// prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No.11279 OF 2008 - P AND W.P.(C) No.11466 OF 2008 - M = = = = = = = = = = = = = = = = Dated this the 27th May, 2008 J U D G M E N T In W.P. (C) No.11279/08 the prayer sought for by the petitioner is that the auction with regard to the toddy shops in Peerumedu Range may be set aside and that the respondents should conduct a fresh auction. In so far as W.P.(C) No. 11466/08 is concerned, the prayer made is that the auction held for Group III of Udumbanchola Range on 27.3.2008 should be set aside and a fresh auction should be conducted. The grievance on which W.P.(C)No. 11279/08 is filed is that the auction that was scheduled to be held in the conference hall of the 1st respondent was shifted to the chamber of the 1st respondent and that the chamber and the corridor were crowded with people and as a result of absence of a microphone the petitioner could not participate in the auction. In so far as W.P. (C) No.11466/08 is concerned, it is contended by the petitioner that as in the previous case here also the venue of auction W.P.(C) Nos.11279 & 11466 OF 2008 - 2 - was shifted without notice and that the petitioner was denied entry into the auction hall. 2. In both these cases it is seen that the petitioners have filed their objections before the competent authorities. It is pointed out by the learned Govt. Pleader that in W.P. (C) No.11279/08 the petitioner had made Ext.P6 representation to the Commissioner of Excise and a copy thereof was also filed before the District Collector who had conducted the auction. It is stated that the objections that were filed were duly enquired into and finding that there was no factual basis for the objection raised they were rejected. Similarly, in W.P. (C) No. 11466/08 also objection was filed before the District Collector and that was also enquired into and it was found that the petitioner did not have made an application for the entry into the hall. Thus objections have been made before the competent authorities and they have rejected the objections so filed. The decisions thus taken on then objections raised by the petitioner are not under challenge in these writ petitions. That apart, it is also pointed out that both the auctions have been confirmed in favour of the successful bidders as early as on 30.03.2008 and that these W.P.(C) Nos.11279 & 11466 OF 2008 - 3 - licensees are conducting the shops. 3. Since on factual enquiry the complaints raised by the petitioners are found to be devoid of merits and in view of the subsequent developments I do not find any reason to interfere in the auction which have been validly held by the competent authorities. Writ petitions fail and are dismissed. ANTONY DOMINIC JUDGE jan/-