IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 16436 of 2011(D) -------------------------------------- PETITIONERS: --------------------- 1. SAHADEVAN, S/O.DAMODHARAN, MULAMOOTTIL PARAMBIL HOUSE, KARICHAL DESOM, VEEYAPURAM VILLAGE, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. 2. SATHEESHKUMAR, S/O.DIVAKARAN, ALAMPALLIL PADEETTATHIL HOUSE, PULLIKANAKKU P.O, THEKKE MANGUZHI MURI, BHARANIKKAVU VILLAGE, MAVELIKKARA TALUK. 3. BALAN, S/O.THANKAPPAN, KUMBAMPUZHA VEETTIL, KUTTAMPEROOR VILLAGE, MANNAR VILLAGE, CHENGANNOOR TALUK. 4. RADHAKRISHNAN, S/O.SANKARAN, PIRAKKATTU VEETTIL, BHARANIKKAVU MURI, MAVELIKKARA TALUK. BY ADVS. SRI.M.G.KARTHIKEYAN, SRI.NIREESH MATHEW. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM – 695 001. 3. THE DEPUTY COMMISSIONER OF EXCISE, ALAPPUZHA – 680 861. 4. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KARTHIKAPPALLY, ALAPPUZHA DISTRICT – 690 566. R1 TO R4 BY GOVT. PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16436/2011-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CRIME AND OCCURRENCE PREPARED IN CR.NO.52/2011 REGISTERED BY THE R.4. EXT.P.2: COPY OF THE CHEMICAL ANALYSIS CERTIFICATE DTD. 21/02/2010 ISSUED BY THE ASST. CHEMICAL EXAMINER TO GOVT. OF KERALA. EXT.P.3: COPY OF THE NOTIFICATION, G.O.(P).NO.24/2007/TD DTD. 14/02/2007 ISSUED BY THE GOVT. OF KERALA. EXT.P.4: COPY OF THE NOTIFICATION, G.O.(P).NO.25/2007/TD DTD. 14/02/2007 ISSUED BY THE GOVT. OF KERALA. EXT.P.5: COPY OF THE INTERIM ORDER DTD. 15/05/2009 IN SLP(C).NOS.11420 – 11434/2009 PASSED BY THE HON'BLE SUPREME COURT. EXT.P.6: COPY OF THE ORDER DTD. 22/06/2009 IN SLP(C).NOS.14563 – 14564/2009 PASSED BY THE HON'BLE SUPREME COURT. EXT.P.7: COPY OF THE JUDGMENT DTD. 19/10/2009 IN W.P.(C).NO.28706/2009 BY THIS HON'BLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No.16436 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of June, 2011 J U D G M E N T Petitioners 1 to 3 are the licensees and the 4th petitioner is an employee of toddy shops in Group No. II in Karthikappally excise range for the abkari year 2010-2011. This writ petition has been filed mainly seeking a declaration that re-introduction of Rule 9(2) vide Ext.P4 notification fixing the maximum strength of ethyl alcohol as 8.1% v/v for the toddy drawn from coconut tree is unworkable, unenforceable and liable to be struck down since the toddy will self generate ethyl alcohol and also taking note of the fact that no fresh scientific studies are conducted after the judgments of Hon'ble Supreme Court in State of Kerala & others v. Unni & another(2007(1) KLT 153(SC). Along with this writ petition itself the petitioners have produced Ext.P7 judgment of this Court, by which W.P(c) No.28706 of 2009 filed by similarly situated persons raising similar grievances and seeking for similar reliefs was dismissed relying on a decision reported in Komalan v. State of Kerala & others (2009(2)KLT 744). WPC.no.16436/2011 : 2 : The averments in Paragraph 11 itself would reveal that the petitioners themselves admitted the fact that the issue involved in this writ petition is squarely covered against them in the light of the decision of this Court in Komalan's case (Supra). In the light of the said admitted position, this writ petition is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge