Judgment :- The question that has come up for consideration in all these cases is as to whether Petitioners are entitled to get Toddy Depot Licence eventhough they have not taken privilege of vending toddy in all the toddy shops of a Range or Ranges enbloc. 2. Toddy Depot Licence Rules are framed by the Government of Kerala vide Notification G.O.R.T. 288/65/Rev. datedl5.2.1965. There are only two rules which are extracted below for easy reference. " 1. Toddy Depot Licence shall ordinarily be issued to persons who have taken all the toddy shops of a Range or Ranges enbloc. 2. The annual fee for a toddy depot shall be Rs. 1000/2 No explanatory note is attached to the Rules. Therefore, we have to understand the scope of the above mentioned Rules on the basis of the other provisions of Abkari Act and Rules. 3. Excise Department can auction toddy shops either group wise or range wise depending upon the abkari policy. Abkari policy for the year 1997-98 announced that the auction of toddy shops would be on Range wise basis. 4. Toddy Depot Licence Rules say that the depot licence shall ordinarily be issued to persons who have taken all the toddy shops of a Range or Ranges enbloc. R.1 gives emphasis on Range or Ranges and not on the group or groups and not on toddy shop or shops. Going by the literal meaning of R.1, Toddy Depot Licence shall be issued to persons who have taken _all the toddy shops of a Range or Ranges enbloc. Under Abkari Act and Rules the word "Range" has got a well defined meaning in the sense that different groups constitute a Range. R.1 has not used the expression "group" so that we have to take it that ordinarily depot licence shall be given only to persons who have taken all the toddy shops of a Range or Ranges enbloc. Normally three toddy shops constitute a group. Several groups constitute a Range. The words "all the toddy shops of a Range or Ranges enbloc" have got well defined meaning in the sense that the licence shall be given only to persons who have taken all the toddy shops of a Range or Ranges enbloc. The word "enbloc" means, one unit, whole sale or as a body or whole, in a lump or mass. 5. The word "enbloc" means, one unit, whole sale or as a body or whole, in a lump or mass. 5. Toddy Depot Licence R.1 has also used the expressions "shall ordinarily". The word "ordinarily" means regularly or normally but not casually. In common parlance "ordinarily" means in large majority of cases. In Krishna Dayal v. General Manager, Northern Railway, AIR 1954 Punjab 245 has defined the expression "ordinarily". The expression "ordinarily" is not used in reference to a case to which there are no exceptions. It cannot obviously means "always". The plain and popular meaning of the words "ordinarily" is usually, normally and not exceptionally as contrasted with extraordinarily. Supreme Court in Kallash Chandra v. Union AIR 1961 SC 1346 has also stated the word "ordinarily" gives certain amount of elasticity to the rule, which means majority of cases but not invariably. Supreme Court in Shibji v. Dhanbad Municipality, AIR 1978 SC 836 has interpreted the words "shall ordinarily". The Court has taken the view the word "ordinarily" tones down the force of "shall" which immediately precedes it and held in that case that the requirements with regard to revision of the assessment in every five years and to include all the holdings are not absolute but only directory and can be departed from an extraordinary circumstances or in the case of particular holding for good reasons. 6. We have to understand the scope of R.1 on the basis of the above mentioned principles, since the word "ordinarily" tones down the force of "shall" which immediately precedes it. R.1 is only directory and can be departed from on extraordinary or exceptional circumstances for good reasons. 7. Question as to what are the exceptional or extraordinary circumstances under which depot licence could be issued is primarily for the excise authorities to decide. It may not be possible to lay down any hard and fast rule or a fixed criterion to be applicable to all the cases. Suffice it to say that the intention of the Legislature is not to grant depot licence to those who are having few toddy shops or few groups as the case may be. 8. Licensee may draw the toddy he requires for sale or may have it drawn under three taping licences to be obtained under the Tree Tax Rules. Suffice it to say that the intention of the Legislature is not to grant depot licence to those who are having few toddy shops or few groups as the case may be. 8. Licensee may draw the toddy he requires for sale or may have it drawn under three taping licences to be obtained under the Tree Tax Rules. Licensee can also purchase toddy from any licenced toddy shop keeper on application to the Excise Inspector of the Range who shall grant the required permits on proof of the necessity for the same. No licensee shall sell toddy unless he has taken out tree tapping licence under the Tree Tax Rules. Licence confers no right to the free use of any tree for the purpose of tapping. Licensee must make his own arrangements with the owner of the trees. Board of Revenue is competent to restrict the number of trees to be licensed for any shop if it be found that the number applied for by the shop holder is in excess of the actual requirements of the shop. Toddy depot licence in a range is being issued for the purpose of receiving into the depot only such toddy, the produce of trees which have been marked and licenced by the Assistant Excise Commissioner, concerned for the shops not situated in the Range. The toddy so procured and that of transported from outside the Range/ Division can be collected and distributed to shops from the toddy depot for which it is used to be granted. Tappers in a Range are usually attached to each and every shops in the Range. They are expected to measure toddy direct to the shop to which they are attached. As per Rules depot licencee shall receive into the depot only such toddy which cannot be measured in the respective shops by the tappers direct and which may be transported to his depot under the general transport permits issued by the Assistant Excise Commissioner concerned. 9. There may be situations where Excise Department would permit licence holder to transport liquor from outside the Range/division, if there is no sufficient toddy available within the area of his group or Ranges. There may be occasions where a person might have taken privilege of vending toddy in certain areas, where toddy is not freely available and therefore, has to transport from various other Ranges. There may be occasions where a person might have taken privilege of vending toddy in certain areas, where toddy is not freely available and therefore, has to transport from various other Ranges. Difficulties of transporting toddy directly to the Toddy Shops probably due to distance to be covered or locational disadvantage, such as situated in a hilly or remote area where sufficient number of trees are not available cannot be ruled out. In those cases the Department could issue toddy depot licence in appropriate cases. It is however, clear from the Rules that the intention of R.1 is not to give depot licence to each and every licensee who are having a very few shops or very few groups. 10. Rules stipulate that no toddy can be sold in toddy depot. Excise Department as well as Police Officials have to make constant vigil to ascertain as to whether toddy is being sold from toddy depot also. It the toddy depot licence is given freely to all, there will be proliferation of toddy depot all over the State which will in turn cause considerable difficulties to Excise Department to make constant check. In cases where in the opinion of the Excise Officials that tapping trees are available within the area of the licenced shops and there is no necessity to bring toddy from distant places, Department could refuse licence. There may also be cases where sufficient space is available in the various toddy shops itself to store toddy. 11. Petitioners in all these cases are conducting toddy shops in various groups in different Ranges. For example, privilege of vending toddy in respect of toddy shops in group I to 33 of Alathur Range was auctioned by the Excise Department for an amount of Rs. 59,05,000/- for the year 1997-98. Group No.1 to 3 3 consists of 102 toddy shops. Out of group Nos.1 to 33, petitioner in O.P. 12736/98 has got the right to conduct toddy shops in Group Nos.1 to 3 for an amount of Rs. 10,06,500/-. Group Nos.1 to 3 consists of 9 toddy shops. For nine toddy shops, perhaps a toddy depot as such may not be required. But there are cases where the persons have large number of toddy shops in various groups though fall short of a Range or Ranges but to deny them all depot licence is not the purport of the Rule. For nine toddy shops, perhaps a toddy depot as such may not be required. But there are cases where the persons have large number of toddy shops in various groups though fall short of a Range or Ranges but to deny them all depot licence is not the purport of the Rule. Excise Officials may exercise their sound discretion in those cases. In other words, those are areas where Excise Authorities has to exercise their discretion judiciously. Since no explanatory note is attached to the Rules Government may think of issuing certain guidelines for proper guidance of the Excise Officials, so that there will not be any arbitrary exercise of discretion. In certain cases Department has taken the view that the depot licence could be issued only to those persons who have taken all the toddy shops of a Range or Ranges enbloc. This I have found not the scope of the Rules. In certain cases, it is seen that licences have been applied for setting up depot in Municipalities, Towns or within two miles boundaries of any Range or Ranges which is against the terms and conditions of depot licence. As per terms and conditions toddy depot shall be established in a central place in the tapping area enroute to the toddy shops. Licensee is also obliged to allow their premises to be inspected by the officials of the Excise Department or the Police Officials. 12. Under such circumstances, I am inclined to dispose of those Writ Petitions with direction to respective Assistant Excise Commissioners to examine the applications submitted by the petitioners and pass appropriate orders in accordance with law within a period of one month from the date of receipt of a copy of this judgment in accordance with the principles laid down by this Court. 13. The impugned orders are therefore quashed to enable the authorities to consider the applications afresh. It is made clear in this case where this Court has already passed interim directions, those orders will continue to be in force, till the matter is decided by the Assistant Excise Commissioner. Original Petitions are accordingly disposed of.