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In the case of Jyothish G. v. State of Kerala and Ors., the Kerala High Court Justice AK Jayasankaran slapped costs of Rs. 50,000 on a person who filed a writ petition seeking a direction to the Beverages corporation to take a decision to make available potable liquor for delivery to consumers in the State through online platforms.
The petitioner in his representation to the Corporation stated that he had made suggestions on alternate modes on delivery of alcoholic liquors to consumers as the outbreak of COVID 19 virus has rendered it unsafe for him to visit an outlet for procuring alcohol for his consumption, since the outlets are inevitably crowded during business hours.
The Judge observed that the citizenry ought to realize that the restrictions imposed by the Court on the filing of cases is with a view to ensure that their fundamental rights as citizens, for access to justice, is guaranteed to the extent possible, even at the cost of exposing the Judges, lawyers, clerks and staff of this Court, to the risk of viral infection. When measures such as these are adopted by this Institution in public interest, the very least that is expected from the litigating public is a sensitivity to the interests of their fellow citizens in Society, who like them have a fundamental right to a safe place of work and a healthy environment.
Futher, it was noted:
"One cannot help but lament at the selfishness of the petitioner in the instant case, and others like him in Society, whose obsession with perceived 'rights' blinds them to the obligatory duty that they owe to their fellow citizens."
The Court went on to impose exemplary costs even though the counsel for the petitioner sought permission to withdraw the writ petition. The costs were directed to be paid within 2 weeks to the Chief Minister's Distress Relief Fund.
In conclusion, the High Court of Kerala imposed costs of fifty thousand rupees on the Petitioner who moved the Court seeking home delivery of liquor in view of COVID-19 outbreak.
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