THANKACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by the annual rental and advance contribution fixed for the sale of Toddy Shops in Group No.XII of Cherthala Excise Range under the Alappuzha Excise Division, notified for sale on 12.03.2020. On being granted the privilege of conducting the Toddy Shops, the grantee should remit an amount of Rs.5,24,600/- towards annual rental and Rs.2,40,000/- towards the advance contribution towards Toddy Workers Welfare Fund for three months.

(2.) The learned Counsel for the petitioner submits that the period of licence to be issued to the successful grantee in the sale proposed to be held on 12.03.2020, is only till 31.03.2020 and in that context, the compulsion to pay an amount of Rs.7,64,600/- is arbitrary and illegal. It is submitted that the respondents, had, in the past, revised the annual rental and statutory payment towards the Toddy Workers Welfare Fund, considering the limited number of days for which the successful grantee could conduct the Toddy shop.

(3.) The learned Government Pleader submits that, as of now, the Government has decided to proceed with the sale in the manner notified and that no decision has been taken to reduce the amounts. It is submitted that in the eventuality of no participant being present for the sale notified to be conducted on 12.03.2020, there is a possibility of the amounts being reduced, regarding which no assurance can be given at this point of time.