STATE OF KERALA Vs. KOMALAN

JUDGEMENT

(1.) The point that arises for decision in this appeal is, on stay of prosecution of a criminal case registered against an abkari contractor under Section 57(a) of the Kerala Abkari Act (hereinafter referred to as "the Act"), whether it can be taken that no abkari case is registered against him for the purpose of Sub-rule (1)(a) of Rule 5 of the Kerala Abkari Shops Disposal Rules, 2002 (hereinafter referred to as "the Rules"). The respondents in the Writ Petition are the appellants.

(2.) The brief facts of the case are the following:

(3.) Going by the above prayers, it is clear that the respondent was mainly concerned with apprehended denial of preference to him in the matter of grant of privilege to vend toddy under Rule 5(1)(a) of the Rules. The learned Single Judge allowed the interim relief by issuing the following order: