KRISHNANKUTTY Vs. STATE

JUDGEMENT

(1.) THIS appeal is brought from the decision of Mr. Justice Koshi in O. P. No. 51 of 1950 in which the prayer was for the issue of a writ of certiorari to quash the order of the Government refusing to interfere in the petitioner's case. The order was passed on 4. 10. 1950. The petitioner also asked for a direction to the Board of Revenue to desist from enforcing its decision that the petitioner should transfer his place of business in vending toddy from what is described as shop No. 7. The learned judge refused to issue the writ and from that decision the present appeal is brought by the petitioner. The learned Advocate General appeared before this court on notice and supported the order made by the learned judge.

(2.) THERE was an auction held under the directions of the government of the right of vending toddy in shop No. 7 for the period 17. 8. 1950 to 31. 3. 1952. The petitioner was the highest bidder at that auction and consequently he acquired the right of carrying on the business in shop No. 7 during the relevant period. THERE was no fixed place of business mentioned in the notice of auction. It may here be stated that the auction was conducted in accordance with the rules framed by the Government under the Cochin Abkari Act (I of 1077) and published in the Travancore-Cochin Gazette dated 2nd May 1950 at page 435 and subsequent pages. One of the conditions subject to which the auction was held was that the place selected by the highest bidder for carrying on the business will have to be approved by the Government. For this purpose a description of the site at which the business is proposed to be carried on will have to be submitted within the prescribed period and the Board of Revenue will decide whether the site is suitable for the purpose. If the Board decides that it is not, then the business cannot be carried on in that place.

(3.) THE learned judge who heard the Original Petition, after listening to the elaborate arguments addressed on both sides arrived at the conclusion that no case was made out for the issue of a writ of certiorari and dismissed the petition.