SAM JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The learned Government Pleader Sri.Sunil Kumar Kuriakose, submitted that, pending this lis, the 2nd prayer of the petitioner has already been acceded to and that an order has been issued, allowing him to compound the offence, as reflected in Ext.P2, based on Ext.P4 request.

(2.) Sri.C.C.Thomas 'learned Senior Counsel, instructed by Sri.M.G.Karthikeyan 'learned counsel for the petitioner, submitted that his client has already compounded the offence in terms of the afore liberty; and that all which now requires is that Ext.P1 be quashed, so that his client can then obtain a preferential right as per Rule 5(1)(a) of the Kerala Abkari Shops Disposal Rules, 2002. He submitted that this is necessary because his client will otherwise be not in a position to bid in the process of fresh allotment of Toddy Shops in Group No.III of Mannarkkad Excise Range and pointed out that his client has made this request in Ext.P4.

(3.) The learned Government Pleader 'Sri.Sunil Kumar Kuriakose, in response, submitted that since the petitioner has already compounded the offence, Ext.P1 has lost its relevance; and therefore, that he leaves it to this Court to issue appropriate orders.