REV. FR. PAUL KARACHIRA M.A. (PSY.) v. THE STATE OF KERALA
Case at a glance
Provisions considered
Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 OP.No. 27767 of 2000(E) ---------------------------------- PETITIONER: -------------------REV. FR. PAUL KARACHIRA M.A. (PSY.),DIRECTOR, MADHYAVIRUDHA SAMITHY,K.C.B.C, ARCHDIOCESE OF ERNAKULAM. BY ADV. SRI.C.V.ANTONY, ADV. C.M.ABRAHAM. RESPONDENT: ----------------------THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIATE,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 52090/2000 IN O.P. NO.27767/2000-EDISMISSED SD/- C.N.RAMACHANDRAN NAIR, JUDGE,01/04/2008.SD/- T.R.RAMACHANDRAN NAIR, JUDGE.APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE BOOK LET PUBLISHED IN 1983 BY THE PUBLIC RELATIONSDEPARTMENT OF THE RESPONDENT IN MALAYALAM UNDER THE NAME'MADHYAPANAM MAHAVIPATH.EXT.P.2: COPY OF THE S.O.R. NO. 104/67 PUBLISHED ON 28/04/1967 IN THE GAZETTE.EXT.P.3: COPY OF THE G.O. (MS).
NO. 15/95/TD DTD. 02/02/1995.EXT.P.4: COPY OF THE G.O. (MS). NO. 285/95/TD DTD. 20/12/1995.EXT.P.5: COPY OF THE FRONT PAGE OF RASHTRA DEEPIKA DTD. 25/10/2000.RESPONDENT'S EXHIBITS: NIL.//TRUE COPY// prv. C.N. Ramachandran Nair &T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - -O.P.No.27767 of 2000-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of April, 2008.JUDGMENTC.N. Ramachandran Nair, J.This original petition filed in the year 2000, is pending for the last nearly 8 years. The prayer is to quash Ext.P2, by which the Government of Kerala vide order dated 26.4.1967 suspended the operation of the provisions of the Prohibition Act, 1950. In other words, since the date of the impugned order, liquor trade is permitted in the State. What the petitioner seeks to achieve is to introduce prohibition in the State through court orders. Whether the prohibition should be reintroduced or not, is a major policy decision which only the Government can take.
Article 47 of the Constitution of India states that the “State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks an all drugs which are injurious to health.2. Learned Govt. Pleader pointed out that a major contribution of therevenue is from taxes and duties and liquor is a major constituent of the State revenue. So far as prohibition forms part of the directive principles OP 27767/2000-2-and is a policy matter, it is outside the jurisdiction of this court. We, therefore, dismiss this original petition. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.)kav/
Questions this judgment answers
Which statutory provisions did this judgment involve?
Prohibition Act, 1950; Constitution of India — art. 47.
Which court decided this case, and when?
Kerala High Court, on 01 Apr 2008. The bench was T R RAMACHANDRAN NAIR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.