The issue that falls for consideration in this writ petition is whether the subsequent events or developments after the allotment of the privilege to vend toddy could be taken into account to determine retroactively the rights of the participants in the auction.

2. To put the issue in perspective, we may have to narrate the facts keeping the fifth respondent as the protagonist.

3. The fifth respondent was the licencee for the toddy shops of Group No.I in Kunnamangalam till 31.03.2014. While the licence was subsisting, the Excise officials periodically drew samples and sent them for chemical analysis. In two instances, the samples were tested adverse.

4. In elaboration, on 20.12.2012, the Department received Exhibit R5(d) chemical analysis of A-Sample taken from one of the shops of the fifth respondent. Consequently, on 20.02.2013, the authorities registered a crime against the fifth respondent for offences under Sections 57(a) and 56(b) of the Abkari Act ('the Act' for brevity). As a natural corollary, the Excise Commissioner suspended the petitioner's licence through an order dated 17.03.2013.

5. Under those circumstances, the fifth respondent approached the Judicial First C