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2014 (4) TMI 194 - KERALA HIGH COURTApplications for purchasing the privilege for vending toddy - Applicants filed joint application for doing joint business - 5th Respondent without informing other filed separate application for the same - Applicants request for offered production of Demand Draft or payment of the requisite amount made by 5th Respondent - Applicant contends that 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 Excise Range in favour of the 5th respondent and provisionally confirmed the same - Held that:- petitioners have requested time for complying with 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, 2002. 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 - Matter remanded for consideration - Decided partly in favour of applicant.
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