GEORGE MAMPILLY Vs. STATE

JUDGEMENT

(1.) First petitioner is a medical practitioner in Cochin city. He is the President of the second petitioner association called the "Legal Forum to uphold Public Causes" formed with the object of upholding public causes through litigation. They have filed this petition under Art.226 of the Constitution of India in relation to an order passed by the State Government G. O. Rt. No. 58/83/TD Taxes (A) Department dt. 24-1-1983, under which the Government directed that pending formation of a corporation for supply of arrack in sealed containers with a view to ensure quality and prevent adulteration, supply of arrack in sealed containers will be undertaken by the three public sector enterprises namely, M/s. Mannam Sugars and Chemicals Ltd., The Cooperative Sugars, Chittoor Ltd., and Travancore Sugars and Chemicals Ltd. The Government further directed that the supply of arrack will be either in 750 ML or pint sealed bottles and in 100 ML Polythene bags, with effect from 1-4-1983 (Exts. R1(b) and R3(a). Petitioners have sought for a writ of certiorari quashing this Government Order and writ of prohibition or writ of mandamus restraining the first respondent, State of Kerala and the second respondent, Commissioner of Excise from introducing and / or licensing the sale of arrack in polythene containers / sachets / bags of 100 ml. capacity or otherwise and from allowing packaging and sale of arrack by third parties and from making available for sale through retail outlets arrack so packed. A learned single Judge of this Court, before whom this O. P. came up, referred the matter to a Division Bench.

(2.) In C. M. P. 24427 of 1983, two contractors, who have taken contracts for distribution and supply of arrack during the current year through shops in certain areas have been impleaded. In C. M. P. No. 30500 of 1983, this Court had allowed the Cooperative Sugars Ltd., Chittoor to intervene. In C. M. P. 20755 of 1983, this Court has allowed M/s. Samarppan Fabricators Private Limited, Bombay to intervene. This concern is dealing in machinery as well as polythene films for manufacture of polythene sachets. In C. M. P. 31391/83, this Court has permitted intervention of the brother of one of the persons who died in the Vypeen liquor tragedy.

(3.) In C. M. P. No. 8210 of 1983 and also C. M. P. 6483 of 1983, this Court issued an order of injunction restraining the respondents from taking any steps in implementation of the Government Order referred to above. This Court also appointed an expert, Dr. K. K. Mathew, M. Sc. Ph.D., Retired Professor of Chemistry, to report on some of the aspects of controversy raised in this original petition and he had submitted a report.