AYYAPPAN Vs. ASST EXCISE COMMISSIONER

JUDGEMENT

(1.) The question that has come up for consideration in all these cases is as to whether Petitioners are entitled to get Toddy Depot Licence eventhough they have not taken privilege of vending toddy in all the toddy shops of a Range or Ranges enbloc.

(2.) Toddy Depot Licence Rules are framed by the Government of Kerala vide Notification G.O.R.T. 288/65 / Rev. dated 15.2.1965. There are only two rules which are extracted below for easy reference.

(3.) Excise Department can auction toddy shops either group wise or range wise depending upon the abkari policy. Abkari policy for the year 1997-98 announced that the auction of toddy shops would be on Range wise basis.