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P.D.Joseph Editor vs State Of Kerala

High Court Of Kerala|30 October, 2014
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JUDGMENT / ORDER

A.M.Shaffique, J. This writ petition is filed as a public interest litigation seeking the following reliefs:
"a. Issue a writ of mandamus or other appropriate writ, order or direction to the respondents to take steps to lower the rate of alcohol consumption in the State, thus slowly leading to total prohibition of alcohol consumption in the State.
b. Issue a writ of mandamus or other appropriate writ, order, or direction to the respondents to see that a ration level is fixed for providing liquor to those who needs it in ratio to their income stated in the BPL card which is used for availing benefits.
c. Issue a writ of mandamus or other appropriate writ, order or direction to the respondents and such authorities not to issue license or fresh licence for starting wine shops toddy shops and beer parlor as these are also alcohol products which creates addiction and thus leads the youths to alcohol addicts.”
2. According to the petitioner, the Government have to take appropriate steps to control the alcohol drinking habit in the rural area. That apart it is contended that people who have BPL cards from the Government, must allow permit cards along with ration cards to fix the quantity for providing alcohol.
WP(C) No. 24308/14 2
3. A statement has been filed by the Government, which indicates that the Government had framed a new policy in the year 2014-15. Paragraph 4 to 6 of the statement reads as follows :
"4. In view of the policy declared by Government for the year 2014-15, no Bar licence will be issued to any hotels other than 5 star hotels and it was also decided to cancel all the existing FL-3 licences of hotels except that of 5 star hotels. Government also decided to close down 10% of FL- shops during every year and declared all Sundays as dry days.
5. The current Policy have been declared in continuation to the earlier Abkari Policy in which government aimed at to reduce the consumption of liquor among the people. The Government is aiming to achieve the goal of complete prohibition of liquor within a period of ten years ie. By 2024.
6. Toddy industry being a traditional industry, Government is committed to protect the workers. Toddy is not a hard drink. But there is no decision to open new toddy shops in the State and also taking earnest efforts to reduce the consumption by Awareness programmes against alcoholism and drug abuse. After the implementation of the new Abkari Policy the sale of liquor has come down as follows :
WP(C) No. 24308/14 3
6. Having regard to the fact that Government is taking measures, which is reflected in the statement, we do not think that any further direction is required to be passed. It is mentioned by learned Government Pleader that the Policy is under challenge in another writ petition.
7. Having regard to the fact that the prayer sought for are with regard to policy matters to be framed by the Government, it is for the Government to take any such policy. This court cannot interfere in the matter or issue any direction.
Taking on record the statement filed, this writ petition is closed.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.
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Title

P.D.Joseph Editor vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
30 October, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri
  • P D Joseph