The Hindu : Front Page : `Toddy shops for cooperatives illegal'

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Wednesday, Mar 21, 2007
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`Toddy shops for cooperatives illegal'

Staff Reporter

High Court's interim order on a batch of petitions filed against new liquor policy

Kochi: The Kerala High Court on Tuesday observed that there was prima facie strong material to hold that the decision taken as part of the new liquor policy to entrust toddy shops in select ranges to cooperative societies of toddy workers and persons engaged in toddy tapping was irrational and unconstitutional.

Justice Thottathil B. Radhakrishnan made the observation while passing an interim order on a batch of writ petitions filed by various licensees and the INTUC against the liquor policy decision.

However, the court declined to interfere with the policy decision to give preference to licencees who conducted toddy shops during the preceding three years.

As per the decision, the Government had decided to entrust the running of toddy shops in some ranges in Kasaragod, Kannur, Kozhikode and Ernakulam districts to toddy tappers' and workers' cooperative societies.

No material on record

The court observed that it was indisputably clear that the Government did not have any material on record before it took the policy decision.

The court said that the letters of the Excise Commissioner produced before the court was not related to the question on encouragement of cooperative societies in the toddy sector. The Excise Commissioner had telephonically asked for the report from the Chief Inspector of the Toddy Welfare Fund Board after the writ petition came before the court.

Government stand

The Commissioner sought the report on the defaulters among the cooperative societies. So, it was clear that this material was not before the Government when it took the decision to pick certain societies.

The Government took the stand that these ranges were identified because these societies were functioning well during the earlier years. It that was so, the decision was on the basis of the identity of the cooperative societies, the court observed.

The judge also pointed out the notification that the societies should have 51 per cent membership from the persons engaged in toddy tapping for getting preference.

This notification was contrary to the amendment to the Abkari Shops Disposal (Amendment) Rules. The rules mandated that for getting the privilege, all members should be the members of the Toddy Welfare Fund Board.

The court said that the report of the Chief Inspector showed that the societies, which did not have arrears to the Board, were not exclusively the ones that were chosen under the policy decision.

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