Dismissed

T.N.Prathapan v. the State of Kerala

Kerala HC16 Nov 2021WP(C)/9398/2020

Case brief

AI extract

What is this about?

Court dismissed a writ petition challenging a Government Order permitting liquor supply under medical prescriptions in Kerala. The petition was declared infructuous as all liquor outlets had been opened by the government due to a policy decision, rendering the challenge moot.

What did the court decide?

Leave to file the petition was not outrightly dismissed; However, the petition was dismissed as infructuous as all liquor outlets were opened.

T.N.Prathapan Vs the State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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¶5

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 16^TH DAY OF NOVEMBER 2021 / 25TH KARTHIKA, 1943

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WP(C) NO. 9398 OF 2020

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PETITIONER:

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T.N.PRATHAPAN, AGED 58 YEARS

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MEMBER OF PARLIAMENT, S/O.LATE NARAYANAN, THOTTUNGAL HOUSE, TALIKULAM POST, PIN 680569, THRISSUR DISTRICT, KERALA, A MEMBER OF PARLIAMENT, REPRESENTING THRISSUR PARLIAMENT CONSTITUENCY.

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BY ADV C.R.REKHESH SHARMA

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RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, 695001

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2 THE SECRETRY TO GOVERNMENT OF KERALA DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM, 695 001

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3 THE SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF EXCISE, SECRETARIAT, THIRUVANANTHAPURAM, 695001

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4 THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM, 695001

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5 THE KERALA STATE BEVERAGES CORPORATION, REPRESENTED BY ITS MD, BEVCO TOWER, VIKAS BHAWAN, P.O., THIRUVANANTHAPURAM.

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6 VIMUKTHI MISSION, REPRESENTED BY ITS CEO, DEPARTMENT OF EXCISE, SECRETARIAT, THIRUVANANTHAPURAM-695001

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7 THE DIRECTOR OF HEALTH SERVICES, HEALTH, SOCIAL JUSTICE, WOMEN AND CHILD DEVELOPMENT, 6TH FLOOR, ANNEXE II, SECRETARIAT, THIRUVANANTHAPURAM.

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8 KERALA GOVT. MEDICAL OFFICERS ASSOCIATION, REPRESENTED BY ITS STATE PRESIDENT, KGMOA HEAD QUARTERS, REDCROSS ROAD, THIRUVANANTHAPURAM-695 035

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BY ADV.K.R.RANJITH, G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 9398 OF 2020

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:: 2 ::

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JUDGMENT

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Dated this the 16^th day of November 2021

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S.MANIKUMAR, C.J.

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The petitioner is a Member of Parliament (Lok Sabha) representing Thrissur Parliament Constituency and a resident of Talikulam, Thrissur district.

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Challenge in this writ petition pertains to the legality of the Government Order, G.O.(MS)No.266/2020/Dept.Taxes, dated 30.3.2020 by which, Government have taken a decision to provide liquor on the prescriptions of doctors of Government hospitals and to deliver the same to the residences of the alcoholics.

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Reliefs sought for in this writ petition are as follows:

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i. To issue writ of certiorari or other appropriate writ, direction or order quashing Ext.P4 Government Order and Ext.P5 instructions.

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ii. Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents consider the Ext.P9 letter of the petitioner and reconsider the order of the 2^nd respondent.

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WP(C) NO. 9398 OF 2020

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:: 3 ::

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Today, when the matter is taken up for consideration, Sri. K.R.Ranjith, learned Government Pleader, submitted that due to the policy decision taken by the Government, all the liquor outlets are opened and therefore, the Government Order namely, G.O. (MS)No.266/2020/Dept. Taxes, dated 30.3.2020 has become infructuous.

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Placing on record the aforesaid submission, nothing further survives to be considered in this writ petition. Hence this writ petition is dismissed as infructuous.

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SD/-

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S.MANIKUMAR CHIEF JUSTICE

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SD/-

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SHAJI P. CHALY JUDGE

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jes

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WP(C) NO. 9398 OF 2020

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:: 4 ::

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE ABOVE SAID PRESS RELEASE ISSUED BY THE HEALTH MINISTER DATED 27.03.2020

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EXHIBIT P2 THE TRUE COPY OF THE GUIDELINES FOR THE MANAGEMENT OF ALCOHOL USE DISORDERS IN THE COMMUNITY, ISSUED BY THE DHS

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EXHIBIT P3 THE TRUE COPY OF THE GUIDELINES ISSUED BY THE NATIONAL DRUG DEPENDANCE TREATMENT CENTRE, AIIMS, NEW DELHI DATED 29.03.2020

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EXHIBIT P4 THE TRUE COPY OF THE GO (ORD).NO. 266/2020/DEPT. TAXES DATED 30.03.2020

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EXHIBIT P5 THE TRUE COPY OF THE INSTRUCTION OF 5TH RESPONDENT HAVING NO. KSBC/MD/INSTRUCTIONS/2019 -20 DT, 31.03.2020

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EXHIBIT P6 THE TRUE COPY OF THE RESPONSES OF THE DOCTORS PUBLISHED THROUGH THE NEWSPAPERS TIMES OF INDIA, ON 30.03.2020

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EXHIBIT P7 THE TRUE COPIES OF THE LETTERS OF THE INDIAN SOCIETY OF and P8 GASTROENTEROLOGY KERALA CHAPTER AND INDIAN PSYCHIATRIC SOCIETY KERALA

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EXHIBIT P9 THE TRUE COPY OF THE LETTER BY THE PETITIONER DATED 30.3.2020.

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// TRUE COPY //

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P.S. TO JUDGE

T.N.Prathapan v. the State of Kerala

Case brief

What is this about?

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T.N.Prathapan v. the State of Kerala

Case brief

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