Kerala High Court
P.N.Krishnadas vs The District Collector/District ... on 14 January, 2022
Author: Sathish Ninan
Bench: Sathish Ninan
WP(C) No.1418/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
Friday, the 14th day of January 2022 / 24th Pousha, 1943
WP(C) NO. 1418 OF 2022(B)
PETITIONER:
1. P.N.KRISHNADAS, AUTHORIZED SIGNATORY /JOINT LICENSEE, POLAKULATH
TOURIST HOME, NARAYANAMANGALAM , THRISSUR DISTRICT.
2. P.N. KRISHNANUNNI, JOINT LICENSEE, POLAKULATH TOURIST HOME,
KODUNGALLUR, THRISSUR DISTRICT.
RESPONDENTS:
1. THE DISTRICT COLLECTOR/DISTRICT MAGISTRATE, THRISSUR, FIRST FLOOR,
CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR, AYYNTHOLE, THRISSUR,
PIN- 680 003.
2. THE DISTRICT POLICE CHIEF, THRISSUR (RURAL) KALYAN NAGAR,
AYYANTHOLE, THRISSUR 680 003.
3. THE DEPUTY COMMISSIONER OF EXCISE, POOTHOLE, THRISSUR 680 004.
4. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents not to interfere with the sale of Indian
Made foreign Liquor in Polakulath Tourist Home, Narayanamangalam and
Polakulath Tourist Home, Kodungallur from 14 th January, 2022 to 18th
January, 2022 or in the alternate to stay the operation and implementation
of Exhibit P7 order in so far as the afore hotels of the petitioners are
concerned, pending disposal of the Writ Petition (C).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.N.RAGHURAJ & SAYUJYA, Advocates for the petitioners the court passed
the following:
WP(C) No.1418/2022 2/4
Sathish Ninan, J.
==============================
W.P.(C).No.1418 of 2022
==========================
Dated this the 14th day of January, 2022
ORDER
Direction No (a) in Ext.P4 circular dated 29/04/2009 reads thus:
"(a). An order under section 54 of the Abkari Act shall be passed at least one week prior to the event in respect of which the same is issued in order not to stifle legal remedies available to those who may be aggrieved by such orders."
2. Ext.P7 order is dated 12/01/2022 prohibiting the functioning of the petitioners from 14/01/2022 to 18/01/2022. Evidently, there is non-compliance with the direction afore referred to.
In the circumstances, there will be an interim stay of Ext.P7. However, it is clarified that if any situation as mentioned in the second paragraph of WP(C) No.1418/2022 3/4 W.P.(C).No.1418 of 2022
-: 2 :-
Section 54 arises, the present order will not stand in the way of the authorities invoking the same.
Sd/-
Sathish Ninan, Judge rsr 14-01-2022 /True Copy/ Assistant Registrar WP(C) No.1418/2022 4/4 APPENDIX OF WP(C) 1418/2022 Exhibit P4 TRUE PHOTO COPY OF THE CIRCULAR BEARING NO.
7497/A2/09/TD DATED 29.04.2009. Exhibit P7 TRUE PHOTO COPY OF THE ORDER BERING NO. DCTSR/409/2022- H4 DATED 12.01.2022.