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2012 Supreme(Ker) 275

MANJULA CHELLUR, A.V.RAMAKRISHNA PILLAI
Kerala Voluntary Health Services – Appellant
Versus
Union Of India , Rep. By Its Secretary,Ministry Of Information & Broadcasting – Respondent


Advocates Appeared:
For the Petitioners:Shaji P. Chaly, S. Gopakumar, R. Sanjith, Smt.H. Roshni, Smt. Lijitta G. Mathew, Advocates.
For the Respondents:T.P.M. Ibrahim Khan, P. Parameswaran Nair, T. Sanjay, Asg Of India, P.I. Davis, Government Pleader, Advocates.

Judgment :-

Ramakrishna Pillai, J

1. The petitioner, an organisation registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1995 and affiliated to the Voluntary Health Association of India, New Delhi, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India seeking positive directions for the implementation of the statutory stipulations in the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, hereinafter called as 'COTPA' and its allied Rules, which were enacted in public interest to protect public health as well as to prohibit consumption of Cigarette and other Tobacco products which are injurious to health.

2. The petitioner alleges that the negligence and callous attitude of the law enforcing agencies have in effect flouted the provisions of COTPA and its allied Rules and the same is dereliction of duty cast upon them under Article 47 of the Constitution of India. The petitioner association claims to have undertaken the mission of striving towards the goal of taking measures to protect health of th
























































































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