STATE OF KERALA Vs. K. G. ASHOKAN

JUDGEMENT

(1.) This writ appeal is against the judgment dtd. 18/03/2019 in W.P.(C)No.7527/2015. The appellants herein are the respondents in the writ petition and the respondent herein is the petitioner in the writ petition. The parties in this writ appeal will be referred to as described in the writ petition.

(2.) The writ petition was filed challenging Ext.P5 order dtd. 20/02/2015 issued by the second respondent, by which the right to conduct sale of toddy for Toddy Shop, Group No.I in Pala Range provisionally sold to the petitioner, was cancelled and the annual rent of Rs.2,98,650.00 remitted by the petitioner to the Government was forfeited as provided under Rule 5(17) for violation of the 2nd proviso to Rule 5(1)(b) of the Kerala Abkari Shops Disposal Rules, 2002 (the Rules). The learned single Judge found no suppression of facts or production of fake documents by the petitioner as contemplated under Rule 5(17) and hence Ext.P5 order was set aside. Aggrieved, the respondents have come up in appeal.

(3.) Heard Sri.V.K.Sunil, the learned Senior Government Pleader for the appellants and Sri.S.M.Prasanth, the learned counsel for the respondent.