SUNEESH JANARDHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are arrayed as accused persons in crimes registered alleging commission of offences punishable under Sections 56 (b) and 57 (a) of the Abkari act. The petitioners are among those who lost the challenge to the relevant provisions which provided the prescription of the contents of ethyl alcholol in toddy. The Division Bench of this Court has affirmed the decision in Komalan v. State of Kerala and Others {2009 (2) KHC 514}. It appears that the persons aggrieved by that judgment moved the Hon'ble Supreme Court of India and obtained Ext. P5 interlocutory order, by which, prosecutions are stayed in regard to violations prior to the filing of the writ petitions from which those appeals arose. On the face of that interim order, to me, it is clear that the apex Court did not proceed to interdict the operation of the rules, or, in no manner stultify the declaration of law as contained in the aforesaid decision of the Division Bench. Accordingly, the petitioners are not entitled to the reliefs sought for in these writ petitions. These writ petitions are, therefore, dismissed.