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2014 (4) TMI 194

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..... the conditions and also for producing the Demand Draft towards the amount payable, in accordance with law, for purchasing privilege for vending the shops in question for which they claim to be the joint licencees and also offered to pay the requisite amount in cash on the date of auction itself. As noticed hereinbefore, they attribute fraud on the part of the 5th respondent. As noticed hereinbefore, the learned Government Pleader submitted that the sale of the shops in question in favour of the 5th respondent was subsequently confirmed finally as he had submitted a valid application and also had complied with all the conditions for purchasing the privilege in tune with the provisions under Rule 5(1) of the Kerala Abkari Shops Disposal Rules .....

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..... part of the 5th respondent in concealing the said fact and making separate application along with the requisite Demand Draft with a view to purchase the privilege to vend toddy in the the said shops by himself. When coming to know about the said action of the 5th respondent the petitioners submitted Exts.P3 and P4 representations respectively on 5.3.2014 and 6.3.2014. As per them, vide Ext.P3 they had offered production of Demand Draft or payment of the requisite amount, payable in accordance with law, in cash on the same day itself. The grievance of the petitioners is that the said offers made as per Ext.P3 were not taken into consideration and at the same time the first respondent allotted the said shops in Group No.XI in Thodupuzha Exc .....

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..... and also had complied with all the conditions for purchasing the privilege in tune with the provisions under Rule 5(1) of the Kerala Abkari Shops Disposal Rules, 2002. In view of the said rival submissions I am of the view that this Court will not justified in interfering with the proceedings at this stage especially taking note of the fact that Ext.P5 representation is pending before the 2nd respondent. It is to be noted that, admittedly, the sale of toddy shops in Group-XI of Thodupuzha Excise Range has now been finally confirmed in favour of the 5th respondent. In the said circumstances, I am inclined to dispose of this writ petition without making any observation as to the merits of the contentions of the petitioners as hereunder:- .....

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