IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WA.No. 1347 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.24835/2011 Dated 16/09/2011 .................... APPELLANTS/PETITIONERS IN W.P.(C) ------------------------------------ 1. KOYILANDI THALUK KALLUCHETHU THOZHILALI SAHAKARANA SANGAM LTD NO.2728, KOYILANDI P.O., REPRESENTED BY ITS SECRETARY K.K.VIJAYAN. 2. JOSHI, S/O.NADELAKANDI KUTTAPPAN NAIR, PANDALAYANI DESOM, KOYILANDI THALUK. BY ADV. SRI.A.SUDHI VASUDEVAN SMT.K.PUSHPAVATHI SRI.JOSE JONES JOSEPH RESPONDENTS/RESPONDENTS -------------------------- 1. EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-695 001. 2. DEPUTY COMMISSIONER OF EXCISE, KOZHIKODE-673 001. 3. EXCISE INSPECTOR, BALUSSERY RANGE, KOZHIKODE DISTRICT-673 005. 4. EXCISE INSPECTOR, KOYILANDI RANGE, KOZHIKODE DISTRICT-673 004. 5. CIRCLE INSPECTOR OF EXCISE, PERAMBRA-673 004. 6. JOINT CHEMICAL EXAMINER TO GOVERNMENT OF KERALA, REGIONAL CHEMICAL EXAMINERS LABORATORY, KOZHIKODE-673 001. 7. DISTRICT COLLECTOR, KOZHIKODE-673 001. 8. STATE OF KERALA, SECRETARY TO GOVERNMENT TAXES(G) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. BY G.P. SMT.T.B.RAMANI THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... Writ Appeal No.1347 of 2011 .................................................................... Dated this the 20th day of September, 2011. JUDGMENT Ramachandran Nair, J. Writ Petition was filed for a direction to the Excise Commissioner to issue licence to the appellants to run the toddy shops which the appellants were running during 2010-2011. Admittedly on account of abkari offence booked against the appellants, licences remained cancelled and, therefore, appellants could not run the toddy shops during the current financial year. During this year, the very same shops are run on departmental management basis. Appellants' prayer was declined by the learned Single Judge against which Writ Appeal is filed. 2. We do not find any justification to grant the prayer as an interim relief and in our view, the Single Judge rightly declined it. However, Government Pleader submitted in court that the very same toddy shops are going to be auctioned in terms of the Abkari Shops Disposal Rules for the remaining period of this financial year. A W.A. 1347/2011 2 controversy that arose before us is as to whether the appellant-society is entitled to participate in the auction. Even though Government Pleader submitted that the Abkari policy of the Government does not permit the society to participate in the auction, we notice from Rule 3(1) that toddy tappers' societies along with individuals and group of individuals are entitled to participate in auction. Since appellants have a case that the criminal case booked against them on account of excess percentage of Ethyl Alcohol in toddy seized from the shops is stayed by this court, we feel as an interim measure the appellants can be permitted to participate in the auction subject to terms and conditions for grant of licence. We, therefore, grant interim relief to the appellants by way of direction to the respondents to permit the appellants to participate in the auction which is said to be conducted today and we direct the Government Pleader to communicate our decision to the respondents so that this judgment is not rendered ineffective or infructuous. If the appellants do not come out to be the highest bidder, then there is no scope for even deciding the case on merits. However, if the appellants happen to be the successful bidders otherwise eligible for the licence, W.A. 1347/2011 3 then the learned Single Judge will consider whether the cases booked will disqualify the appellants from getting licence or whether appellants are disentitled under any provision of the Rules and the licence will be granted subject to final orders in the W.P.(C). Respondents will communicate the result of auction to the learned Single Judge and also file statement about objection against grant of licence to the appellants, if they have come out to be successful in auction. Writ Appeal is disposed of as above. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms