SADASIVAN Vs. EXCISE INSPECTOR

JUDGEMENT

(1.) Same questions arise for consideration in all these Original Petitions. So, I consider it advantageous to dispose of them by this common judgment. I am treating O.P.No. 8681/90 as the main petition. Parties and documents referred to in this O.P. are dealt with as they are arrayed therein.

(2.) Petitioners are some of the licensees of arrack shops situated in Districts of Palakkad, Thrissur and Ernakulam. They bid the auction held in March, 1990. Even before the auction the Kerala Abkari Shops (Disposal in Auction) Rules, 1974, hereinafter referred to as 'the Rules' was amended by introducing R.8A. That rule provided for the supply of arrack in sealed bottles of different measurements to contractors in the Districts of Palakkad, Thrissur and Ernakulam through the Kerala State Beverages (Manufacturing and Marketing) Corporation's (hereinafter referred to as 'the Beverages Corporation') Warehouses. The supply through the Beverages Corporation was to be effective from 1-10-1990. Petitioners started running the arrack shops from April, 1990, with bulk supply effected through the various distilleries. The Commissioner of Excise issued Circular dated 24-9-1990 by which his subordinates were directed to implement certain instructions. They were:

(3.) While arguments on these petitions were in progress Government issued notification, S.R.O.No.1362/90 in the Gazette dated 11-10-1990. That notification provided that retail sale of arrack by arrack shop licensees in the Districts of Palakkad, Thrissur and Ernakulam shall be only in sealed bottles as supplied through the Beverages Corporation and that loose sale of arrack should not be made in the shops.