IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 15109 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. SUNEESH,S/O.JANARDHANAN,VALLYATH HOUSE, THEKKUMURI,PUTHUPPALLY VILLAGE,KARTHIKAPPALLY TALUK,ALAPPUZHA DISTRICT. 2. JAYAPRABHA,AGED 42 YEARS,S/O.SANKU, SANKARALAYAM HOUSE,KRISHNAPURAM.PO,KAYAMKULAM, ALAPPUZHA DISTRICT. 3. MADANAN,S/O.KUNJU PANICKER,SIVA SADANAM, CHERAVALLY,KAYAMKULAM,ALAPPUZHA DISTRICT. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY SECRETARY, TAXES(A)DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE,EXCISE COMMISSIONERATE,PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. 3. THE DEPUTY EXCISE COMMISSIONER, ALAPPUZHA. 4. THE EXCISE INSPECTOR,EXCISE RANGE OFFICER,KAYAMKULAM,ALAPPUZHA DISTRICT. BY GOVT. PLEADER SMT.K.R.DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, ALONG WITH W.P(C).15110 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.15109 & 15110 OF 2009 ------------------------------------------- Dated this the 3rd day of June, 2009 JUDGMENT Petitioners are arrayed as accused persons in crimes registered alleging commission of offences punishable under Sections 56(b) and 57(a) of the Abkari Act. The petitioners are among those who lost the challenge to the relevant provisions which provided the prescription of the contents of ethyl alcholol in toddy. The Division Bench of this Court has affirmed the decision in Komalan v. State of Kerala & Others {2009(2) KHC 514}. It appears that the persons aggrieved by that judgment moved the Hon'ble Supreme Court of India and obtained Ext.P5 interlocutory order, by which, prosecutions are stayed in regard to violations prior to the filing of the writ petitions from which those appeals arose. On the face of that interim order, to me, it is clear that the Apex Court did not proceed to interdict the operation of the rules, or, in no manner stultify the declaration of law as contained in the aforesaid WPC.15109/09 & 15110/09 Page numbers decision of the Division Bench. Accordingly, the petitioners are not entitled to the reliefs sought for in these writ petitions. These writ petitions are, therefore, dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.3/6.