P RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE original petitions seek to declare Sections 18 (3) (2) (a) (1) and 18a of the abkari Act, 1 of 1077 and Rule 13 (1) substituted by S. R. O. 70/70 dated 18-21970, in tie rules relating to licences for the sale of foreign liquor unconstitutional and for the issue of writ of mandamus to direct the Commissioner of Excise to renew the licences.

(2.) THE petitioners were the holders of Foreign Liquor 1 Wholesale licences for sale of foreign liquor for the year 1969-70. The period of their licences expired on 313-1970.

(3.) THE Cochin Abkari Act, 1 of 1077 and the Travancore Abkari Act, IV of 1073 were continued in force by the Travancore-Cochin State Administration and application of Laws Act VI of 1125. By Section 2 of the Cochin Abkari (Extension and Amendment) Act, 1967 (Act 10 of 1967) the Cochin Abkari Act, 1 of 1077 and the Rules, Orders and Notifications made and issued thereunder were extended to the areas of the State of Kerala where the said Act was not in force. Section 5 amended the name of the Act as Abkari Act. Section 41 repealed the Travancore abkari Act, IV of 1073, as also the Madras Act, 1 of 1886, as was in force in the malabar area.