IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 766 of 2009(N) ------------------------ PETITIONER(S): --------------- 1. PARK RESIDENCY, REP. BY ITS MANAGING PARTNER, SUNOJ KURIAN, G.H.ROAD, KOZHIKODE. 2. QUEEN'S HOTEL, REP. BY ITS MANAGING PARTNER, K.J.BABY, ANNIE HALL ROAD, KOZHIKODE. 3. P.KANDANKUTTY & SONS, SEA QUEEN HOTEL, REP. BY ITS MANAGING PARTNER, P.AJITH KUMAR, BEACH ROAD, CALICUT. 4. HOTEL SASTHAPURI, REP. BY ITS MANAGING PARTNER, PEETHAMBARAN, M.M.ALI ROAD, KOZHIKODE. 5. HOTEL AMRUTHA, REP. BY ITS MANAGING PARTNER, JOSEPH K.THOMAS, I.G.ROAD, KOZHIKODE. 6. HOTEL MARIA, REP. BY ITS MANAGING PARTNER, A.C.JOSEPH, I.G.ROAD, KOZHIKODE. 7. HOTEL FORTUNE, REP. BY ITS MANAGING DIRECTOR, T.SREENIVAS, KANNUR ROAD, KOZHIKODE. 8. J.J.AGENCIES PVT.LTD., REP. BY ITS MANAGING DIRECTOR, A.M.GOPALAN, AREYEDATHUPALAM, KOZHIKODE. 9. HOTEL MAHARANI, REP. BY ITS MANAGING PARTNER, KUNJU MICHAEL, JAIL ROAD, KOZHIKODE. BY ADV. SRI.A.SUDHI VASUDEVAN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KOZHIKODE. 2. ASSISTANT EXCISE COMMISSIONER, KOZHIKODE. 3. CIRCLE INSPECTOR OF EXCISE, KOZHIKODE. G.P. SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.766 of 2009 ================== Dated this the 8th day of January, 2009 J U D G M E N T The petitioners challenge Ext.P8 order of the District Collector and District Magistrate, Kozhikode, whereby the Collector, in exercise the powers under Section 54 of the Abkari Act, directed closure of all shops selling/serving all kinds of alcoholic drinks in Feroke and Kozhikode Excise ranges from 10 AM on 27.12.2008 to 10 P.M on 29.12.2008 because of likely breach of peace on account of the pronouncement of judgment in the Marad murder case. The petitioners apprehend that although the time prescribed in Ext.P8 is over, since the sentences in the cases referred to therein are to be pronounced on 9th of January, 2009, the District Collector is likely to issue orders for 9th January, 2009 also. The petitioners, therefore, seek the following reliefs: “(i) Call for the entire records leading to Ext.P8. (ii) issue a writ of Certiorari or such other writ quashing Exhibit P8. (iii) issue a writ of mandamus or such other writ directing the respondents not to interdict the petitioners from running the bar attached hotels of the petitioners on 9.1.2009 and thereafter on the dates of reposting for pronouncing the sentence of all the convicted accused in Marad cases. 2 2. I have heard learned counsel for the petitioners. 3. The Marad cases have very serious political and communal overtones. It is a known fact that the Government apprehends breach of peace on account of the judgment and sentences to be imposed. In view of the same, I am of opinion that the District Collector and District Magistrate was perfectly justified in issuing the orders in question. Therefore, I do not find any merit in this original petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge