IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(C).No. 32788 of 2009(P) --------------------------------------- PETITIONER(S): --------------------- 1. JOSEPH KURIAKOSE , AGED 59 YEARS S/O.LATE JOSEPH, CHINGAMPARAMBIL HOUSE (ELITE GARDEN) VAZHAPPALLY P.O, CHANGANACHERRY, KOTTAYAM DISTRICT. 2. K.P. INDRAPALAN, AGED 51 YEARS, S/O.PURUSHOTHAMAN, 'INDRAPRASTHAM' CHARUMMOODU P.O, ALAPPUZHA DISTRICT. BY ADV. MR.M.G.KARTHIKEYAN RESPONDENT(S): ------------------------ 1. THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, PATHANAMTHITTA 2. THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, ALAPPUZHA. 3. THE DEPUTY COMMISSIONER OF EXCISE PATHANAMTHITTA. 4. THE DISTRICT SUPERINTENDENT OF POLICE PATHANAMTHITTA. 5. THE DEPUTY SUPERINTENDENT OF POLICE THIRUVALLA. 6. THE MANAGEMENT COMMITTEE CHAKKKULATHUKAVU BHAGAVATHI TEMPLE NEELETTUPURAM, THALAVADI, ALAPPUZHA DISTRICT. R1 TO R5 BY GOVERNMENT PLEADER MR.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. THOTTATHIL B. RADHAKRISHNAN, J. -------------------------------------- W.P.(C) No. 32788 OF 2009 -------------------------------------- Dated this the 17th day of November, 2009 J U D G M E N T ~~~~~~~~~~~~~ The petitioners have an outlet with FL-3 licence on the side of a road. They state that it is unnecessary to invoke Section 54 of the Abkari Act, in relation to that area in connection with the Ponkala festival of the Chakkulathukavu Devi Temple. The petitioners state that every year, exercise of power under Section 54 is done in a casual manner without following the statutory yardsticks and also the declarations of the law by this Court. Under such circumstances, this Writ Petition is filed essentially as an anticipatory application to preclude the officials from issuing orders, in any manner, otherwise than in accordance with law. The learned Government Pleader rightly points out that all relevant factors will be taken into consideration, if at all, action under Section 54 is being taken. The 1st of December is a 'Dry day'. The question whether on the previous day, the premises of the petitioners should be ordered to be close down by exercising authority under Section 54 of the Act is a matter on which there has to be a decision only after taking into W.P.(C) No.32788/2009 2 consideration all relevant facts and factors. It is, therefore, ordered that the petitioners grievances voiced in Exts.P1 and P2 will gain the attention of the competent among the respondents, if there is any proposal to invoke Section 54 at that point of time. The Writ Petition is ordered accordingly, without expressing anything on merits. THOTTATHIL B.RADHAKRISHNAN, Judge ps