IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 9431 of 2009(Y) ------------------------- PETITIONER: --------------- B.SURENDRA DAS S/O. LATE BHANU PANICKER, PROPRIETOR, HOTEL KARTHIKA INTERNATIONAL, VIZHINJAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY (TAXES), SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER OF EXCISE, DEPARTMENT OF EXCISE, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF EXCISE, NEYYATTINKARA, THIRUVANANTHAPURAM. *4. COMMISSIONER OF EXCISE, KERALA, THIRUVANANTHAPURAM (*ADDL. R4 IS IMPLEADED AS PER ORDER DT. 24.7.2009 IN I.A. NO.9230 OF 2009) BY GOVT. PLEADER SRI. K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 9431 OF 2009 -------------------------- Dated this the 26th day of October, 2010 J U D G M E N T Sri. K.B.Pradeep, learned counsel for the petitioner submitted that pursuant to Exts.P3 & P4 orders, the cabins erected in the bar rooms were removed and a fresh plan submitted. The learned counsel submitted that in such circumstances leaving open the contentions raised in the writ petition as regards the competence of the respondents to issue the directions contained in Exts.P3 & P4 orders, the writ petition may be closed as infructuous. In the light of the said submission, as the petitioner has complied with Exts.P3 & P4 orders, the writ petition is closed as infructuous. The question raised by the petitioner as regards the competence of the respondents to issue the directions contained in Exts.P3 & P4 orders, is kept open. P.N.RAVINDRAN, (JUDGE) vps WPC No. 2 WPC No. 3