K.G.ASHOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Ext.P5 order, by which amounts deposited by the petitioner towards annual rental is forfeited invoking Rule 5(17) of the Kerala Abkari Shops Disposal Rules, 2002, is under challenge in this writ petition.

(2.) The petitioner was conducting a group of toddy shops during March, 2014, in Kuravilangad Range. The petitioner participated in the auction conducted on 03.06.2014 and bid for Group No.5 in Kottayam Range. On the same day, he bid for Group No.1 in Pala Range also. Though the petitioner bid in the auction, no agreement was executed with the Excise Department and the bid was not confirmed. According to the Rules then in force, no person shall be allowed to purchase more than two groups of toddy shops. When the petitioner realised this position, he expressed willingness to surrender Group No.5 of Kottayam Range and confine his bid only to Pala Range, as per Ext.P2 letter dated 04.06.2014.

(3.) Nevertheless, the District Collector, Kottayam issued Ext.P3 order dated 03.06.2014 ordering that the privilege provisionally declared in favour of the petitioner in respect of T.S. Group of Pala Range stands cancelled and the amount of Rs. 2,98,650.00 deposited as annual rental amount towards Group No.1/14-17 of Pala Range is forfeited to the Government as per Rule 5(17) and Rule 5 (14) of the Kerala Abkari Shops Disposal Rules, 2002, for violation of Rule 1(b) of the Rules.