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2017 Supreme(Ker) 615

ANTONY DOMINIC, DAMA SESHADRI NAIDU
Alex V. Chacko – Appellant
Versus
Director General of Police (Law & Order) – Respondent


Advocates Appeared:
For the Petitioner:C.C. Thomas, Sr. Advocate, Nireesh Mathew, M.G. Karthikeyan, Advocates.
For the Respondents: P.P. Thajudeen, Government Pleader.

JUDGMENT :

Dama Seshadri Naidu, J.

Introduction:

1. Athidhi Devobhava (Taittiriya Upanishad, Shikshavalli I.20: Matrudevo bhava, pitrudevo bhava, acharyadevo bhava, athithdevo bhava. It literally means “be one for whom the Mother is God, be one for whom the Father is God, be one for whom the Teacher is God, be one for whom the guest is God.” Source : Wikipedia, accessed on 23.06.2017.): In a wintry evening a friend of yours drops in; you both while away time on pleasantries. A guest as he is, you offer him a glass of wine. You are breaking law, for you are selling liquor. Startling as it may seem, that is what the law says, at least, as the Government maintains. Perhaps, the law has been reduced—interpreted—to its barebones: reductio ad absurdum.

Facts:

2. Petitioner Alex V. Chacko, a resident of Peroor, wants to conduct the baptism ceremony for his grandson on 25.6.2017. After the ceremony, he wants to treat his guests—about 300 friends and relatives—to dinner. Alex wants to serve liquor in the dinner, in keeping with what he calls the custom followed in his community.

3. In January 2015, he celebrated his eldest daughter’s betrothal and the “Mylanji ideel.” On that occasion, when he ha














































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