Baby vs State Of Kerala
2023 Latest Caselaw 5314 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
 TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                     O.P.NO.9759 OF 2003
PETITIONER:

          BABY, S/O.CHACKO, IRUPULAMKATTIL,
          KARIMKUNNAM VILLAGE, THODUPUZHA.
          BY ADV.SRI.KOSHY GEORGE


RESPONDENTS:

    1     STATE OF KERALA, REPRESENTED BY
          CHIEF SECRETARY, SECRETARIAT,
          THIRUVANANTHAPURAM.

    2     THE COMMISSIONER OF EXCISE,
          THIRUVANANTHAPURAM.

    3     THE CIRCLE INSPECTOR OF EXCISE,
          UDUMBANCHOLA.
          BY GOVERNMENT PLEADER, SRI.KURIAKOSE


THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON
25.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.No.9759/2003                           2




                                 JUDGMENT

This original petition was filed in the year

2003, seeking the following reliefs:

i. Issue a writ in the nature of mandamus directing the respondents not to deny renewal of the toddy licence on the basis of Ext.P1 notice and related proceedings.

ii. Declare that the petitioner has not committed any offence due to the presence of ethyl Alcohol 6.75% V/V in the sample of toddy taken from the petitioner's shop 21/03 on 18.07.2002.

iii. Declare that Rule 9(2) of the Abkari Shops Disposal Rules 2002, introduced on 01.04.2002 fixing the strength of ethyl alcohol in toddy as 5.9% V/V is unworkable and hence illegal since toddy being a fermented liquor will self generate the strength of ethyl alcohol upto 12% V/V ever going by the Excise Manual.

iv. Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

2. The learned Government Pleader submits

that the petitioner conducted a toddy shop upto

2006 and therefore, the matter has become

infructuous.

3. Having adverted to the nature of the

reliefs, I am of the view that the matter has

become infructuous. Accordingly, the original

petition is dismissed as infructuous.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

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