K.JAYAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Being aggrieved by the rejection of the right of privilege of vending of certain Toddy Shops in Group No III of Parappanangadi range under the Malappuram Excise Division, the petitioner has approached this Court seeking the following reliefs: -

(2.) The petitioner states that the Toddy Workers committee with him as the convenor was vending Toddy in shop No.1 at Vallikunnu, T.S.No.2 at Pothumkuzhikadu, T.S.No.4 at Kodakkad and T.S.No.23 at Kottakadavu and T.S. No 5 at Ariyanelloor till 30-3-2020. It is stated that as they were vending toddy for the past three years, the workers committee was entitled to preference for the Abkari year 2020-2021. However, no preference was granted. The petitioner applied in the open category along with the 5th respondent. The names of the petitioner and the 5th respondent was put on lot and the fifth respondent was declared as successful under Rule 5 (9) of Abkari Shops Disposal Rules,2002 ("Rules, 2002" for short). According to the petitioner, the fifth respondent was a fresh applicant whereas the petitioner being the person who had been conducting the toddy shops since 2015-2016 is entitled to the preference.

(3.) The second respondent has filed a statement controverting the assertions made by the petitioner. It is stated that the privilege of vending toddy was initially granted to the workers committee as the toddy shops in that range remained unsold for want of eligible purchasers on their remitting an annual rental of Rs.500/-. They were entitled to various exemptions and benefits. This arrangement continued till the Abkari year 2019-2020. Thereafter, the privilege of vending toddy in the toddy shops for the ensuing 3 years or till the date on which the Toddy Board comes into existence whichever is earlier from the 1st day of April, 2020 to 31.03.2023 was put to public auction. As per the Government Order dated 12.03.2020, the first round of sale of toddy shops of Malappuram Division was conducted on 18.03.2020 by the District Collector, Malappuram. The petitioner, in his capacity as the Convenor of Toddy Workers' Committee submitted an application in the preferential category. Rule 2(ba) of the Rules, 2002 defines 'applicant' to mean any individual or group of individuals applying for the grant of privilege of vending toddy and the convenor of the workers committee will not fall within that definition and hence his application was rejected. Later, applications were invited to the same group in the open category. The petitioner applied in his individual capacity and his competitor was the 5th respondent. As none of the applicants were eligible for getting preference under Rule 5 (1) of Rules 2002, the name of all eligible applicants were put to lot by the officer conducting the sale in the presence of the petitioner and the 5th respondent was adjudged the winner. He was accordingly granted the privilege. It is stated that the Writ petition has been filed in his individual capacity and not as the convenor of the workers and this petition claiming preference is not even liable to be entertained.