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1985 Supreme(Ker) 38

RADHAKRISHNA MENON
C. K. K. JOHN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The questions that arise for consideration in these Original Petitions. are practically the same. Facts are identical except to the extent of variations relating to the number of arrack shops. the locality where the arrack shops are situated and the rental on which respective parties have acquired the right to vend liquor in the respective areas. The Original Petitions are therefore disposed of by a common judgment.

2. Facts relevant for considering the questions involved in these Original Petitions. are few. The notice of auction of arrack shops for the year 1983-84 was published in the Kerala Gazette dated 20-2-1984. The crucial statement. according to the petitioners. contained in said Government Order is:

"The auction sale will be held subject to the conditions set forth in the Kerala Abkari Shops (Disposal in Auction) Rules. 1974".

Relevant rules in the Abkari Shops (Disposal in Auction) Rules. hereinafter referred to as "The Rules". to which particular reference has been made in these Original Petitions. is R.8. This Court had occasion to interpret the scope of this Rule in the decision reported in Issac v. Assistant Excise Commissioner & Others. 1984 K.L.T. 88. I








































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