Mishra, J.:

This appeal under clause 15 of the Letters Patent of this Court is preferred against the judgment in W.P.No. 19417 of 1990. A learned single Judge of this Court has dismissed the writ petition holding that it is hot possible to declare that Tamil Nadu Act 12 1990 is ultra vires the Constitution of India.

2. The petitioner/appellant is the president of the Tamil Nadu Freedom Fighters ’ Association, a Society registered under the Societies ’ Registration Act. Earlier to the instant petition, filed W.P.No.1852 of 1990 seeking to restrain the State of Tamil Nadu from manufacturing and thereby doing business or trade in the so-called cheap liquor. That was dismissed on the ground that the State Government was acting under the Tamil Nadu Prohibition (Amendment Act. 12 of 1990 and so long as the validity of the said Act not challenged, no writ would lie. The petitioner appellant then filed the instant petition.

3. We have the advantage of the return of the respondent herein in the writ petition in short a history of various amendments to the law is available. What is gathered from

statements therein can be summarised as follows: The Tamil Nadu Prohibition Act

which i