The sale of the right to run Toddy Shop No. 1, Koottumgal, Shertallai Range for the year 1981-82 was fixed for March 24,1981. Before the auction the petitioner who was licensee of the shop for the year 1980-81 submitted a tender for Rs 60,000/- with all the prescribed documents including a Bank draft for Rs. 6,000/- from the Dhanalakshmi Bank Ltd. Respondent 4 submitted a tender for Rs. 60,100/ and the tender was accompanied by two pay orders of which Exts R.1 and R.1 fa) are the copies for Rs, 4.500/-and Rs 2000/-issued by the Alleppey Branch of the Bank of Cochin Limited in favour of the 3rd respondent, the Assistant Excise Commissioner, Alleppey. The tenders and other records were submitted before the 2nd respondent, the District Collector, Alleppey who was the Auctioning Officer The demand draft given by the petitioner and the pay orders given by respondent 4 represented amounts not less than 10% of the tendered amount as mentioned by Rule 5A of the Abkari Shops (Disposal in auction) Rules Respondent 2 rejected the tender of respondent 4 as it was accompanied by pay orders and not by demand draft as required by Rule 5A and provisionally accented the petitioner's ten