IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 16244 of 2007(H) --------------------------------------- PETITIONER: ------------------- R.MOHANAN, S/O.RAMAN, SECRETARY, VYSALI-THAMMANAM LINK ROAD RESIDENTS ASSOCIATION, KAUSTUBHAM, LABOUR COLONY ROAD, THAMMANAM P.O., COCHIN-32. BY ADV. SRI.C.RAJENDRAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM. 4. THE SECRETARY, CORPORATION, KOCHI. 5. THE SECRETARY, DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 6. THE REGIONAL DIRECTOR, INDIA TOURISM, SOUTHERN REGION, 154, ANNA SALAI, CHENNAI- 600002. 7. JACOB, PROPRIETOR, LOCARNO LODGE, LABOUR COLONY ROAD, THAMMANAM P.O., COCHIN-32. 8. M.V.JAYASREE, SABARI HOUSE, SOUTH JANATHA ROAD, COCHIN-24. 9. K.K.JOSE S/O. KURIYAPPAN, KARALATHUKARAN HOUSE, KRISHNASWAMI CROSS ROAD, COCHIN. BY ADV. SRI.C.M.SURESH BABU,SC,COCHIN CORPORATION - R.4, ADV. SRI.C.C.THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16244/2007-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GUIDE LINES. EXT.P.2: COPY SHOWING THE INAUGURAL FUNCTION OF ONE DAY UPAVASAM. EXT.P.3:COPY OF THE NEWS WAS PUBLISHED IN DESHABHIMANI DAILY DTD. 25/03/2007. EXT.P.4: COPY OF THE NEWS WAS PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 25/03/2007. EXT.P.5: PHOTOGRAPH SHOWING THE LODGE BUILDING AND OTHER RESIDENTIAL BUILDINGS. EXT.P.5.A: PHOTOGRAPH SHOWING THE LODGE BUILDING AND OTHER RESIDENTIAL BUILDINGS. EXT.P.5.B: PHOTOGRAPH SHOWING THE LODGE BUILDING AND OTHER RESIDENTIAL BUILDINGS. EXT.P.5.C: PHOTOGRAPH SHOWING THE LODGE BUILDING AND OTHER RESIDENTIAL BUILDINGS. EXT.P.5.D: PHOTOGRAPH SHOWING THE LODGE BUILDING AND OTHER RESIDENTIAL BUILDINGS. EXT.P.5.E: PHOTOGRAPH SHOWING THE LODGE BUILDING AND OTHER RESIDENTIAL BUILDINGS. EXT.P.6: COPY OF THE PHOTOGRAPH SHOWING LODGE, ROAD AND LORRY. EXT.P.7: COPY OF THE MASS PETITION DTD. 06/03/2007. EXT.P.8: COPY OF THE ACKNOWLEDGEMENT RECEIPT OF PETITION BY THE R.2. EXT.P.9: COPY OF THE COMPLAINT DTD. 14/05/2007. EXT.P.10: COPY OF THE LETTER DTD. 11/05/07. EXT.P.11: COPY OF THE COMPLAINT DT. 14/05/07. EXT.P.12: COPY OF THE COMPLAINT DT. 19/05/07. EXT.P.13: COPY OF THE COMPLAINT. EXT.P.14: COPY OF THE ORDER OF THE R.2. BEARING NO. XC- 16353/06 DTD. 18/11/06. EXT.P.15: COPY OF THE RELEVANT PAGE OF THE NEWS PAPER OF INDIAN EXPRESS DAILY DTD. 14/05/07. EXT.P.16: COPY OF THE PETITION DTD. 21/11/07. EXT.P.17: COPY OF THE PETITION DTD. 12/11/07. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 16244 OF 2007 H = = = = = = = = = = = = = = = = = Dated this the 6th June 2008 J U D G M E N T The prayer sought for in this writ petition is to direct respondents 1 to 6 not to permit the 7th respondent to run a bar attached hotel in his lodge known as Locarno in Ward No. 44 of Kochi Corporation. A further prayer not to allow the shifting of the bar licence of the 8th respondent to the above lodge of the 7th respondent is also sought for. 2. Counsel for respondents 7 to 9 submits that so far they have not made any application either for a fresh licence or for shifting any licence to the premises mentioned above. In view of this factual position the writ petition is premature. However, clarifying that in case respondents 7 to 9 make any application either for a fresh licence or for getting any licence shifted to the premises in question, it will be open to the petitioner to raise his objection, this writ petition is disposed of. ANTONY DOMINIC, JUDGE. jan/-