STATE OF KERALA Vs. P.P. RAVI

JUDGEMENT

(1.) THE respondents in the Writ Petition are the appellants. The respondent herein was the writ petitioner. He was the licensee of toddy shops in group No. III of Adimali Excise Range. Crime No. 32/2008 has been registered against him by the Excise Range Officer, Adimali, under Section 57(a) of the Abkari Act. Though the challenge against the prosecution was repelled by this Court, it is common ground that the prosecution in that case has been stayed by the Apex Court. Therefore, the respondent moved for a certificate under Rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules (for short, 'the Rules'). The certificate was granted. He was also granted allotment of those shops, for the financial year 2010 -2011. It is common ground that he has deposited the entire amount in accordance with the rule, within the time limit specified. But, the Commissioner of Excise did not pass any orders, confirming the said allotment, under Rule 5(15) of the Rules. Feeling aggrieved by the same, the respondent approached this Court, by filing the present Writ Petition, seeking appropriate reliefs.

(2.) THE learned Single Judge issued a direction to the Commissioner of Excise to confirm the allotment of the shops in the respondent's favour. Feeling aggrieved by the said direction, the appellants have preferred this Writ Appeal.