IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 25232 of 2010(D) -------------------------- PETITIONER(S): --------------- 1. THOMAS GEORGE, MANAGING PARTNER, HOTEL ZION, KOZHENCHERY, PATHANAMTHITTA DISTRICT. 2. MARY KURIAN, MANAGING PARTNER, HOTEL PARK, KOZHENCHERY, PATHANAMTHITTA DISTRICT. BY ADV. SRI.THOMAS ABRAHAM SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY FOR EXCISE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. ASSISTANT EXCISE COMMISSIONER, PATHANAMTHITTA. 4. DISTRICT COLLECTOR, PATHANAMTHITTA. 5. DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 6. TAHSILDAR, KOZHENCHERRY TALUK, PATHANAMTHITTA. *ADDL.R7 IMPLEADED: THE SECRETARY, PALLIYODA SEVA SANGHAM, ARANMULA P.O., KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT *ADDL.R7 IS IMPLEADED AS PER ORDER ON I.A.NO.11689 OF 2010 DATED 30.8.2010. ADV. SRI.V.VENUGOPALAN NAIR FOR ADDL.R7 GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.25232 of 2010 ----------------------------------------- Dated this the 30th day of August, 2010 JUDGMENT The main relief sought for in this writ petition is as follows: (i) issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 4 not to include the petitioners' hotels, restaurants and bars viz., Hotel Zion, and Hotel Park in Kozhenchery Town in any order passedunder Section 54 of the Kerala Abkari Act directing to close the abkari Shops in connection with the conduct of “Aranmula Uthruttathi Vallamkali” held on 27.8.2010.” The Aranmula Uthruttathi Vallamkali was held on 27.8.2010. In such circumstances the main relief sought for in this writ petition cannot be granted. It is accordingly closed as infructuous without prejudice to the right of the petitioner to move this Court afresh if occasion arises in future. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.25232 of 2010 ---------------------------- JUDGMENT 30th August, 2010