K.SUKUMARAN, G.RAJASEKHARAN
K. J. Thomas – Appellant
Versus
State of Kerala – Respondent
K. Sukumaran, J.
1. These appeals are by the arrack traders. In the abkari auctions of the years 1980-81 and 1981-82, they willingly participated. Their bids were accepted. Shops were opened. The trade was started. Later came the rub. According to the traders, they did not have as copious a supply of arrack for distribution among their patrons, (of course, for money). The resultant loss, or diminution in profits, is to be compensated by the Government who defaulted delivery of the indented quantity of arrack, - they demanded. The Government did not budge. It pressed for payment of the kits. The demand, not honoured, was soon followed by the coercive process of revenue recovery. (That process is available under the relevant Act for realisation of abkari dues). It became too hot for the traders. They sought to resist it with the aid of the Code and orders of the Court. Interim injunction was so obtained in suits for permanent injunctions instituted on payment of nominal court fee. Ultimately, the suits ended in dismissal. That did not deter the tour to the appellate court. Interim injunctions were granted by this Court which entertained the appeals; in some cases conditionally
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