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2025 Supreme(Ker) 900

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE GOPINATH P., J
KEERTHI S. S/o. SUBRAMANIAN, – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BY ADV NIREESH MATHEW
For the Respondent: SRI. SREEJITH V.S -GP

JUDGMENT :

The petitioners are licensees of certain toddy shops under the Kerala Abkari Shops Disposal Rules, 2002 (hereinafter referred to as ‘the Rules’). They have approached this Court, being aggrieved by the fact that proceedings have been drawn up against them, suspending their license without affording to them any opportunity of being heard and without affording to them any opportunity to show cause against the allegations raised against them.

2. Learned counsel appearing for the petitioners would submit that, in W.P.(C) Nos. 46808 of 2024 and 1308 and 1310 of 2025, the allegation that led to the suspension is that the petitioners have permitted the operation of the toddy shops in question through a benami (namely one Sreedharan) while the allegation that led to the suspension of the license of toddy shops (which is the subject matter of W.P.(C) No. 46607 of 2024 is that, certain spirit was found and it is suspected that the same was being taken to mix with the toddy to be supplied in the shops which are subject matter of W.P.(C) No.46607 of 2024.

3. Learned counsel appearing for the petitioners would submit with reference to the provisions of Section 26 of the Abkari Act that

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