IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 26705 of 2011(S) ----------------------------------- PETITIONER(S): -------------------- AJIKUMAR.T.P., THUNDATHILVALAYIL HOUSE, UDAYA ROAD, VYTTILA, ERNAKULAM DISTRICT. PIN-682 019. BY ADV. SRI.A.G.BASIL RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. TAX DEPARTMENT, GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. COMMISSIONER, EXCISE DEPARTMENT, GOVERNMENT OF KERALA,THIRUVANANTHAPURAM-695 001. 4. COCHIN CORPORATION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE COCHIN CORPORATION, PARK AVENUE, ERNAKULAM-18. 5. PROPRIETOR, J.JOHNS HOTEL, GANDHI SQUARE, POONITHURA, COCHIN-682 038. 6. JOHN.P.J., BUILDING OWNER OF J.JOHNS HOTEL, PARAMBATHU, PAPPANIL, THIRUVANIYOOR, THRIPUNITHURA. ADV. SMT.SAREENA GEORGE,SC,COCHIN CORPORATIO FOR R-4 SR.GOVT.PLEADER SMT.K.MEERA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- PHOTOS(4 NOS.) OF THE NAGARKAVU, NEAR GANDHI SQUARE, PUNITHURA. EXHIBIT P2- PHOTO OF J.JOHNS HOTEL OF GANDHI SQUARE, NEAR NAGARKAVU, OPERATED/OWNED BY 5TH/6TH RESPONDENTS. EXHIBIT P3- TRUE COPY OF THE RELEVANT PORTION(ONE PAGE) OF THE RULE 3, FOREIGN LIQUOR RULES, UNDER ABKARI ACT 1 OF 1077. EXHIBIT P4- TRUE COPY OF JUDGEMENT REPORTED IN ILR 2011(1)-101. EXHIBIT P5- TRUE COPY OF REPRESENTATION DATED 15.07.2011 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT, ALONG WITH ITS ENGLISH VERSION. EXHIBIT P6- TRUE COPY OF REPRERSENTATION DATED 10.09.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, ALONG WITH ITS ENGLISH VERSION. EXHIBIT P7- TRUE COPY OF THE MASS PETITION DATED 15.07.2011, WITH ENGLISH VERSION, SUBMITTED BEFORE THE IST RESPONDENT. EXHIBIT P8- TRUE COPY OF THE MASS PETITION DATED 10.09.2011, WITH ENGLISH VERSION, SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT P9- TRUE COPY OF PAPER PUBLICATION DATED 05.10.2011 APPEARED IN THE DECCAN CHRONICLE. EXHIBIT P10-TRUE COPY OF LETTER NO.KRR2-3552/11 DATED 11.07.2011 RECEIVED FROM THE PUBLIC INFORMATION OFFICER, CORPORATION COCHIN. /TRUE COPY/ PS TO JUDGE C.N.RAMACHANDRAN NAIR, Ag. CJ. & P.S.GOPINATHAN, J ---------------------------------------------- W.P(C).No. 26705 of 2011 ---------------------------------------------- Dated this the 11th day of October, 2011 JUDGMENT Ramachandran Nair, Ag.CJ. Objection raised is against the proposed issuance of bar licence to the hotel owned by respondents 5 and 6. The Government Pleader, on instruction, submitted that so far respondents 5 and 6 have not even submitted application for bar licence. We do not think, there is need for any pre-emptive decision on the issue in the court, because objection to the issuance of licence has to necessarily be considered by the Excise Commissioner. We, therefore dispose of the Writ Petition with a direction to the petitioner to forward a copy of this Writ Petition as his objection in advance to the Excise Commissioner for him to consider the same in case respondents 5 and 6 submit application for bar licence. C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE P.S.GOPINATHAN, JUDGE vgs