Kerala High Court
M/S. Hotel Vijaya Palace vs State Of Kerala on 26 September, 2013
Author: K. Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
THURSDAY, THE 26TH DAY OF SEPTEMBER 2013/4TH ASWINA, 1935
WP(C).No. 23514 of 2013 (L)
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PETITIONER:
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M/S. HOTEL VIJAYA PALACE,
THATTASSERY, CHAVARA, KARUNAGAPPALLY,
KOLLAM
REPRESENTED BY ITS MANAGER PARTNER SRI.VIJAYAN PILLAI.
BY ADV. SRI.BECHU KURIAN THOMAS
RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF EXCISE
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. COMMISSSIONER OF EXCISE,
COMMISSIONERATE OF EXCISE,
THIRUVANANTHAPURAM-695001.
3. DEPUTY COMMISSIONER OF EXCISE,
KOLLAM.
4. DISTRICT MAGISTRATE,
COLLECTORATE, KOLLAM.
R BY GOVERNMENT PLEADER SMT.C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26-09-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 23514 of 2013 (L)
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A P P E N D I X
PETITIONER'S EXHIBITS
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EXT.P1 TRUE COPY OF THE STAR CLASSIFICATION ORDER DTD.30.08.2010
ISSUED IN FAVOUR OF THE PETITIONER.
EXT.P1(a) TRUE COPY OF THE PANCHAYATH LICENCE DTD.13.03.2013.
EXT.P1(b) TRUE COPY OF THE FL-3 LICENSE VALID TILL 2013-14 ISSUED
TO THE PETITIONER.
EXT.P2 TRUE COPY OF THE CIRCULAR DTD.29.04.2009 AND NUMBERED AS
NO.7497/A2/09/TD ISSUED BY THE IST RESPONDENT.
EXT.P3 TRUE COPY OF THE JUDGMENT DTD 08.03.2013 IN WPC 6355/2013 ON
THE FILES OF THIS HON'B LE COURT.
/TRUE COPY/
P.A TO JUDGE
K. SURENDRA MOHAN,J
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W.P(C) NO:23514 OF 2013-L
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Dated this the 26th September, 2013.
JUDGMENT
The petitioner has filed this Writ Petition apprehending that prohibitory orders under Section 54 of the Abkari Act would be passed by the respondents, banning sale of liquor for the period from 27.09.2013 to 29.09.2013. Considering the urgency of the matter, the Government Pleader was directed to get instructions. The learned Government Pleader on instructions submits that, though there was a request to declare 27.09.2013 to 29.09.2013 as Dry Days in connection with the Thirunal Festival of St.Andrews Church, Kovilthottam, Chavara, no orders to the said effect has been issued till date.
This Writ Petition is therefore disposed of recording the said submission and directing that if any such order is passed, the same shall not be implemented against the petitioner without the permission of this Court.
Sd/-
K. SURENDRA MOHAN Judge rtr/ 2