Confirmed toddy shop allotment not disturbed while pending objection remained before the competent authority

The Kerala High Court declined to interfere with the confirmed allotment of toddy shops because the petitioners' objection and representation were still pending before the competent authority. The Court noted the petitioners' claim of joint entitlement and their request for time to satisfy auction conditions, but, without expressing any view on the merits, left the dispute to be decided by the statutory authority. It directed that the representation be considered after notice to the affected party and that orders be passed expeditiously. The writ petition was thus not used to disturb the confirmed allotment at that stage.

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Issues: Whether the Court should interfere with the confirmed allotment of toddy shops when the petitioners' objection and representation against the allotment were pending before the competent authority.

Analysis: The petitioners claimed joint entitlement to the privilege and sought time to comply with the auction conditions. The confirmation had already been made in favour of the other licencee, and the Court noted that the petitioners' representation raising objections was still pending before the second respondent. In these circumstances, and without expressing any view on the merits, the Court declined to interfere at that stage and directed the competent authority to consider the representation after notice to the affected party and pass orders expeditiously.

Conclusion: The Court refused to disturb the confirmed allotment in writ jurisdiction and left the petitioners to pursue their pending objection before the competent authority.

Ratio Decidendi: Where the impugned allotment has been confirmed and an objection or representation is pending before the statutory authority, the Court may decline immediate interference and direct the authority to decide the matter in accordance with law.

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