The High Court of Kerala heard a writ petition challenging an order permitting liquor sales on medical prescription. The petitioner contended alcohol is not medicine. The Court found the petitioner's petition infructuous as all liquor outlets had opened, dismissing the challenge.
Petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 11TH DAY OF JUNE 2020 / 21ST JYAISHTA, 1942
WP(C).No.9411 OF 2020(S)
PETITIONER:
JOSSEY MATHEW, AGED 42 YEARS, S/O.A.L.MATHEW, ANAKAD HOUSE, APOLLO ROAD, THAMMANAM P.O., ERNAKULAM, KOCHI 682 032.
BY ADVS. SRI.SAM ISAAC POTHIYIL SMT.TINU JOHNSON SHRI.VISHNU DAS SRI. SRUTHI DAS SHRI.JOMON P MOHAN
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, 695 001.
SRI GP SRI SURIN GEORGE IPE FOR RESPONDENTS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 9411/2020
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Dated this the 11th day of June, 2020.
JUDGMENT
S. Manikumar, CJ
The petitioner, claims himself to be a social worker, has filed this writ petition challenging Ext.P4 order dated 30.03.2020 permitting the sale of liquor on medical prescription.
W.P.(C) No. 9411/2020
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02.04.2020, a Division Bench of this Court passed the following order:
“In all these three matters, the learned State Attorney, Shri K.V.Sohan takes notice for the State. The learned Standing Counsel Shri Naveen takes notice for the Kerala State Beverages Corporation. The learned counsel Shri P.Sreekumar, takes notice for KGMOA in W.P(C) TMP-No. 6/2020.
As all these writ petitions involve a common issue challenging the legality of the government order, G.O.(MS).NO.266/2020/Dept.Taxes, dated 30/3/2020, and the proceedings dated 31/3/2020 of the Kerala State Beverages Corporation, after hearing the learned counsel for the petitioners in these matters and also hearing the learned State Attorney, Shri K.V.Sohan for some time, we deem it appropriate to pass a common order in all these writ petitions.
After hearing the rival submissions, we are prima facie inclined to stay the operation and further proceedings pursuant to the aforesaid government order and the proceedings of the Kerala State Beverages Corporation for a period of three weeks.
Post all these writ petitions on 28.4.2020.”
consideration, Sri. Surin George Ipe, learned Senior Government Pleader, submitted that due to the policy decision taken by the Government, all the liquor outlets are
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opened and therefore, the Government Order has become
infructuous.
Placing on record the aforesaid submission, this writ
petition is dismissed as infructuous.
sd/- S. MANIKUMAR, CHIEF JUSTICE.
sd/- SHAJI P. CHALY, JUDGE.
Rv
1 issue framed by the court
Whether a writ petition challenging a government order permitting liquor sale on prescription remains maintainable when outlet sales have commenced.
Jossey Mathew
State of Kerala
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
