High CourtsSingle Bench(2023) 04 KL CK 0179

Baby vs State Of Kerala

High Court Of Kerala · Decided on 25 April 2023

HON’BLE JUDGES
A.Muhamed Mustaque, J
RESULT
Dismissed
CASE NUMBER
Original Petition No. 9759 Of 2003

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Judgment

8 paragraphs · 206 words

A.Muhamed Mustaque, J

1.

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.