GEORGE MATHEW Vs. STATE OF KERALA,

JUDGEMENT

(1.) On the facts of the case, which is being referred to hereunder, it cannot be disputed that the petitioner is entitled for preference in terms of Rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002 in the allotment of toddy shops in group No.IV in Kothamangalam Excise Range.

(2.) The petitioner was the licensee for the toddy shops in question since the year 2007. On 24.02.2010 in accordance with Rule 8 of the Kerala Abkari Shops Disposal Rules 2002, sample of toddy was collected from petitioner's shop. Pursuant thereto, Crime No. 9 of 2017 was registered against the petitioner on 20.01.2017. The petitioner approached this Court in Crl.M.C. 745/2017 seeking to quash the same. This Court passed Ext.P3 interim order permitting the petitioner to conduct the toddy shops without taking into account the registration of the crime as a disqualification, pending disposal of the Crl. M.C. The petitioner conducted the shops up to 31.03.2020, on the strength of Ext.P3 interim order.

(3.) In the meanwhile, the allotment of toddy shops in Ernakulam Division, including Kothamangalam Excise Range, was scheduled on 18.03.2020. On the application of the petitioner for allotment and seeking preference in terms of Rule 5(1)(a), the petitioner was declared as provisional grantee. The petitioner deposited the annual rental by way of demand draft and the welfare fund payable, by cash. However, in view of the proposal of the Government to prefer an appeal against the interim order in the Crl. M.C. permitting the petitioner to conduct the toddy shops irrespective of the registration of the crime, the allotment was kept in abeyance. Though the demand draft was returned, the amounts deposited by way of cash towards the welfare fund is still lying in deposit.