IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 RP.No. 1149 of 2009(A) ---------------------- AGAINST THE JUDGEMENT IN WPC.24154/2008 Dated 27/08/2009 .................... REVIEW PETITIONER(S): PETITIONER ----------------------------------------------------- DR.UMADEVI THANKACHI.B., VEDARPACHA BUNGALOW, THAZHAMEL, ANCHAL P.O., PIN-691 306. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): RESPONDENTS ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN: 695 001. 2. EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, PUBLIC OFFICE BUILDINGS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN: 695 033. 3. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, SASTHAMANGALAM P.O., VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN: 695 010. 4. ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, KOLLAM, KOLLAM P.O., PIN: 691 001. 5. CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE, PUNALUR, PUNALUR P.O., PIN: 691 305. 6. INSPECTOR OF POLICE, POLICE CIRCLE OFFICE, ANCHAL, ANCHAL P.O., PIN: 691 306. RP1149/09 - 2 - 7. DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, KOLLAM, KOLLAM P.O., PIN: 691 001. 8. EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOTTARAKKARA, PIN 691506. 9. EXCISE INSPECTOR, EXCISE RANGE OFFICE, EZHUKONE, PIN 691 505. BY GOVERNMENT PLEADER SRI.V.MANU. THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 01/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = R.P.1149/2009 in W.P.(C).24154/2008-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of February, 2010. O R D E R 1.This review petition is filed on the fundamental plea that the change in law resulting out of the amendments to the Drugs and Cosmetics Act has not been considered while rendering the judgment sought to be reviewed. It is pointed out that the decisions in Thomas Vaidyan [1971 KLJ 641] and Enoch Pharma [1979(1) ILR Kerala 655] were rendered before those amendments and the amendments to the Central legislation will prevail over the State enactment, the abkari law. 2.The learned Government Pleader points out that the issue in hand as raised in the review petition was even later adjudicated before the Apex Court and it stands answered against the petitioner. RP1149/09 -: 2 :- 3.Be that as it may, it needs to be noticed that the writ petition happened to be disposed of along with bunch of matters, however without noticing the specific contentions raised by the writ petitioner as noted above. I, therefore, deem it appropriate to let the petitioner have an opportunity to agitate her contentions in the writ petition. Resultantly, I am satisfied that there is an error apparent on the face of the record of the judgment to the extent noted above. 4.In the result, this review petition is allowed and the judgment in WP(C).24154/2008 rendered on 27.8.2009 is vacated, leaving intact the verdict in the other matters which are covered by the said common judgment. The writ petition 24154/2008 is accordingly re-opened and listed for consideration afresh. The interim order as modified on 17.12.2009 is co terminus with this order. However, the same will continue to govern the parties till orders are otherwise issued in RP1149/09 -: 3 :- WP(C).24154/2008. 5.By the force of this order, the counter affidavit filed by the first respondent in this review petition is taken as additional counter affidavit in the writ petition as requested by the learned Government Pleader. Papers will be incorporated accordingly. List WP(C).24154/2008 on 3.2.2010. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0102