The Hindu : New Delhi News : Order on toddy shops stayed

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Order on toddy shops stayed

J. Venkatesan

High Court had ordered closure of shops on first of every month

Apex court says government cannot change holidays
SLPs contended that toddy was not liquor

New Delhi: The Supreme Court on Friday stayed an order of the Kerala High Court directing closure of liquor and toddy shops in the State on the first day of every month.

A three-judge Bench of Chief Justice K.G. Balakrishnan, Justice P. Sathasivam and Justice Deepak Verma stayed the order on appeals filed by the State of Kerala, all-India Toddy Tappers’ and Workers Federation and Kerala State Toddy Shop Contractors Association and issued notice on special leave petitions (SLP).

The High Court had in its order on August 28 said that section 28(A) of the Foreign Liquor Rules listed holidays and that included the first day of all the English calendar months. The court said that unless the rules were amended, the government could not change the holidays.

‘No gain’

Solicitor General Gopal Subramaniam, appearing for Kerala, submitted that there was no gain in closing the toddy shops on the first of every month and wanted the shops to be kept open. Senior counsel Rajeev Dhavan and L.N. Nageswar Rao and Counsel V.K. Biju, appeared for other appellants.

The SLPs contended that toddy was not liquor. In the report of the Udayabhanu Commission, which looked into the State’s liquor policy and prohibition, it was stated that toddy was a nutritious food. The High Court could not issue direction against the power of the government as it was contradictory to Rule 7 (II) of Kerala Abkari Shops Disposal Rules 2003.

The associations argued that the High Court had committed a mistake by passing an order without hearing or impleading them. Further, when licence was issued to toddy shops for two or three years, it was never indicated that on the first day of English calendar month, the shops should be closed. The SLPs sought quashing of the impugned order and an interim stay of its operation.

Appeal admitted

Special Correspondent writes from Kochi: The Kerala High Court on Friday made it clear that the benefits of the court order on dry days declared in connection with the byelections would not be available to the liquor and toddy shops functioning within the Alappuzha, Ernakulam and Kannur Assembly constituencies.

Justice Thottathil B. Radhakrishan passed the order on a batch of writ petitions filed by various bar hoteliers and toddy shop owners challenging the government order declaring dry days for liquor and toddy shops from 5.p.m. of November 5 to 5 p.m. of November 7, and on November 10, the counting day throughout the entire districts of Alappuzha , Ernakulam and Kannur.

The court while acting on a petition filed by a bar hotelier from Ernakulam had earlier held that the government order would be confined to the liquor and toddy shops functioning within the polling areas.

The government had contended that the ban order would be applicable to the liquor shops across the districts.

The court observed that its order did not, in any manner, inhibit the power of the District Magistrate or the police officer to impose orders invoking Section 54 of the Abkari Act if necessary ingredients for exercising the power were made out under any circumstances.

The court also made it clear the benefits of the court order would be available only to those who had filed the petitions before the court.

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