SUNNY MARKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a Route Manager for distribution of arrack in Vaikom-Range. He has filed the above Original Petition challenging the Government Order dt. 20. 12. 1995. THE Government Order directs abolition of all arrack shops with effect from 1. 4. 1996.

(2.) THE petitioner is a registered worker under the Kerala abkari Workers Welfare Fund Act and is engaged permanently in the said work irrespective of the change of contractors. Petitioner is earning his livelihood by working as a Route Manager in Vaikom Range, covering 12 arrack shops. According to him, there are 5614 arrack shops in the State and there are 17112 registered workers working in this field. Petitioner contends that the government of Kerala for the implementation of prohibition in a phased manner initially decided to reduce 10% of the arrack shops in various parts of Kerala. But the workers who became surplus were permitted to continue their work in such allotted areas. But this year the Government decided to close all arrack shops with effect from 1. 4. 1996. THE said decision of the Government would affect the fundamental right of the petitioner to live. Petitioner also contends that he would be rendered jobless and would not be in a position to seek employment under Government or any other place.

(3.) THE State has got exclusive right in granting the privilege of manufacturing and selling liquor. THE said principle has been well recognised by a series of decisions of the Supreme Court.