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2009 Supreme(Ker) 465

High Court Of Kerala
THE HONOURABLE MR. JUSTICE K. BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L. JOSEPH FRANCIS
Dasan, S/O.Padmanabhan - Appellant
Versus
State Of Kerala, Rep.By Secretary - Respondents
R.P.Nos. No. 508 of 09, 505 of 09, 507 of 09, 509 of 09, 559 of 09, 561 of 09 and 563 of 09
Decided On : 24 June 2009

Advocates Appeared:For the Petitioners:M.G. Karthikeyan, Advocate. For the Respondents: ---

Headnote:

Kerala Abkari Shops Disposal Rules, 2002 - Rule 9(2) - Kerala Abkari Act 1077 - Section 56(b) - Review Petitions are filed praying to correct an apparent mistake in the last but one sentence in para.26 of the common judgment under review - Said judgment is reported in Komalan v. State of Kerala - Held, Penultimate sentence in para.26 should be corrected - Review Petitions Allowed

Judgment :-

Balakrishnan Nair, J.

These review petitions are filed praying to correct an apparent mistake in the last but one sentence in paragraph 26 of the common judgment under review. The said judgment is reported in Komalan v. State of Kerala, 2009 (2) KLT 744.

2. We heard learned Senior Counsel Sri.C.C.Thomas and also Senior Government Pleader, Sri.Benny Gervasis. Going by the declaration made by us in paragraph 17 of the judgment, the penultimate sentence in paragraph 26 should be corrected as follows:

"It is also declared that in the case of Sago palm (Choondapana) toddy, if the strength of alcohol detected is not above 8.1%, the offence under Section 56(b) of the Act will not lie".

It is ordered accordingly. The review petitions are allowed as above.

3. We notice that in the 40 remaining cases disposed of by the common judgment (viz. W.A.No.2867/07 and W.P.(c) Nos.36951/07, 37437/07, 37439/07, 37865/07, 1046/08, 2770/08, 2878/08,2923/08, 2945/08, 2945/08, 2968/08, 5778/08, 5790/08, 5826/08, 5879/08, 5883/08, 8865/08, 9776/08, 13104/08, 33221/08, 34126/08, 34534/08, 34601/08, 35941/08, 36862/08, 1513/09, 1516/09, 3028/09, 6479/09, 6559/09, 6748/09, 6837/09, 7078/09, 7128/09, 7129/09, 7697/09, 8702/09, 8902/09 and 9254/09), no review petitions are filed. We feel that they should be reviewed suo motu. Therefore, it is ordered that the order in the above review petitions will govern these cases also and the common judgment in them are also corrected accordingly.

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