J U D G M E N T

Alexander Thomas, J.

The judgment rendered by the learned Single Judge dismissing the instant Writ Petition (Civil) WP(C) No.1008/2022 is the subject matter of challenge in the instant intra-court appeal, instituted under Section 5(i) of the Kerala High Court Act. The appellant herein is the petitioner in the WP(C). The respondents in the WA are the respondents in the WP(C).

2. Heard Sri.M.G.Karthikeyan, learned Counsel appearing for the appellant in the WA and Sri.T.K.Vipindas, learned Senior Government Pleader appearing for the respondents herein. The prayers in the instant WP(C) No.1008/2022 are as follows:

(I) call for the records leading to Ext.P1 and quash the same by issuing a writ of certiorari or other appropriate writ, order or direction.

(ii) declare that sale of toddy shops mentioned in Ext.P1 notice cannot be held without publishing in the gazette by complying with the mandatory procedures as per Rule 4(1) of the Ruels,

2002;

(iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents not to conduct the

sale of toddy shops in Group Nos.2 to 9 in Thodupuzha Excise Range as stated in Ext.P1 notice; and (iv) grant such other and further relief as this Hon'ble Court may deem fit and proper in the interest of justice.

3. The learned Single Judge after hearing both sides has taken the view that the rigorous procedure contemplated in Rule 4(1) of the Kerala Abkari Shops Disposal Rules, 2002 framed under the Abkari Act regarding a Gazette Notification and prior 7 days notice etc is applicable only in the case of the initial sale for the financial year concerned and not at the time of resale of toddy shop consequent to cancellation of licenses already granted etc. To appreciate the controversy, it may be pertinent to make a brief reference the facts of this case.

4. Rule 4(1) of the Kerala Abkari Shops Disposal Rules 2002 reads as follows:

“The number of independent toddy shops in each of the range or taluk and also the limits within which such shops are to be located, the period and the annual rental for which the privilege of vending, selling or supplying toddy in such shops is to be granted and the place and date of sale of such shops is to be notified by the Government in the Gazette at least 7 days before the commencement of sale of such shops.”

5. It is seen from a reading of the statement dated

24.03.2022 filed by R2 (Deputy Excise Commissioner) that in the instant case, the range, Taluk and the limits within which the shops are re-located for the period and annual rental involved etc for the initial sale regarding privilege to vent for the Toddy shops concerned for financial years, 2020-23 (3 financial years) were duly notified in the gazette of Kerala as per Gazette notification GO(P) No.38/2020 dated 12.03.2020. Pursuant thereto, the privilege and licences thereto were given in favour of the successful bidder of Thodupuzha range where groups of Toddy Shops involved were duly given to successful bidders concerned. Further according to the respondents, the samples of toddy collected from different Toddy shops in group nos.2 to 9 of Todupuzha Excise Range for the months of October to December 2020, were sent to Chemical analysis at the Government Chemical Examination Laboratory, Ernakulam, which disclosed the presence of a noxious substance injurious to human health in those toddy shops. Accordingly Abkari offences were duly registered against the sales men of the respective shops as accused no.1 and the licencees concerned as Accused no.2 under Section 57(a) of the Kerala Abkari Act. Thereafter, consequent steps were also taken to cancel the licences of those licensees who are implicated in criminal proceedings in terms of Rule 5(19) of the above Rules. As a result of this, the respondents had to conduct resale in respect of the privilege to vend in toddy in respect of the abovesaid cancelled licenses. The re-sale was initially fixed on 31.01.02022 which had been postpon