LAWS(KER)-1993-12-34

MARIAMMA SUNNY Vs. STATE OF KERALA

Decided On December 10, 1993
Mariamma Sunny Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The validity, in whole, or in part, of S.57A and 57B of the Abkari Act 1 of 1077 M.E., is challenged in this batch of writ petitions numbering 91. This Act originally enacted in the erstwhile state of Cochin and applicable to that part of the state of Kerala, was amended and extended to the whole of Kerala by the Cochin Abkari (Extension and Amendment) Act 10 of 1967, which repealed the Travancore Abkari Act IV of "1073, and the Madras Abkari Act 1 of 1886, which were in force in the Travancore and Malabar areas of the state respectively.

(2.) S.57A and 57B were introduced into the Act by the Abkari (Amendment) Ordinance, 37 of 1983, promulgated by the Governor on November 1, 1983 which was subsequently replaced by the Abkari (Amendment) Act, 21 of 1984, with retrospective effect from November 1, 1983. The Amendment Act was reserved for the consideration of the President and received his assent on December 1, 1984.

(3.) Since it is the validity of these sections that is in issue, it will be advisable to extract the same: