Denesan, J.

Respondents in O.P.No.25873/2002 are the appellants. The learned single Judge before whom the case came up for hearing quashed Ext.P2 challenged in the Original Petition holding that the writ petitioners were not liable to be prosecuted for any offence punishable either under Section 56(b) or under Section 57(a) of the Kerala Abkari Act (for short, the Act). It was also declared that Rule 9(2) of the Kerala Abkari Shops (Disposal of Auction) Rules, 2002 introduced on 1.4.2002 fixing the strength of ethyl alcohol in toddy drawn from coconut palms as 8.1% V/V was arbitrary and unreasonable and hence illegal and unenforceable. Aggrieved, the State of Kerala and the Excise Authorities have filed this Writ Appeal. It is brought to our notice that the judgment of the learned Single Judge in a connected case, Unni v. State of Kerala, involving identical issues, has been reported in 2003 (3) KLT 306.

2. It is pointed out before us that Rule 9(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 2002 (here-in-after referred to as the Rules) finds a place in the Rules introduced on 1.4.2002, and prior to that, the said Rule was numbered as Rule 8(2) and still prio