JUDGMENT

S.B. Sinha J.—Leave granted..

2. Whether Rules 4(2) and 9(10)(b) of the Kerala Abkari Shops Disposal Rules, 2002 (for short “the Rules”) are ultra vires the Abkari Act (for short “the Act”) is the question involved in these appeals which arise out of a judgment and order dated 22.3.2005 passed by a Division Bench of the Kerala High Court at Ernakulam in Writ Appeal Nos. 676, 677, 680, 722 of 2004 and Writ Petition (C) Nos. 17138 of 2003 and 26918, 27105 and 37762 of 2004 whereby and whereunder the High Court following its earlier decision in Anil Kumar v. State of Kerala [2005 (1) KLT 130] dismissed the appeals and the writ petitions

3. The Appellant herein in a federation of trade unions of toddy tappers and workers in toddy shops situate in the State of Kerala.

4. The Abkari Act was enacted by the Maharaja of Cochin in the year 1902. It is a pre-constitutional statute. It is applicable to the entire State of Kerala. The provisions of the said Act seek to control and regulate various categories of intoxicating liquor and intoxicating drugs including arrack, toddy, Indian Made Foreign Liquor (IMFI.), country liquor and other types of foreign liquor.

5. On or about 1.4.1996,