IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 WP(C).No. 30291 of 2009(F) -------------------------- PETITIONERS: --------------- 1. R.SETHURAJ, , S/O.SRI. PROPRIETOR AND LICENSEE OF HOTEL NAVARATNA, M.C.ROAD, CHENGANNUR, ALAPPUZHA DISTRICT. 2. K.V.VISWAMBHARAN, S/O.SRI. PROPRIETOR AND LICENSES OF HOTEL BHAGAVATH GARDENS, MARKET ROAD, CHENGANNUR, ALAPPUZHA DIST. 3. P.CHANDRASEKHARAN, S/O. SRI. AUTHORISED AGENT, HOTEL PRIYA, MARKET ROAD, CHENGANNUR, ALAPPUZHA DISTRICT. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. THE ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. 3. THE CIRCLE INSPECTOR OF EXCISE, CHENGANNUR. 4. THE THIRUVANVANDOOR GRAMA PANCHAYATH, THIRUVANVANDOOR GRAMA PANCHAYATH OFFICE, THIRUVANVANDOOR P.O., CHENGANNUR TALUK, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY. 5. THE PULIYOOR GRAMA PANCHAYATH, PULIYOOR GRAMA PANCHAYATH OFFICE, PULIYOOR P.O., CHENGANNUR TALUK, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY. 6. THE CHENGANNUR MUNICIPALITY, MUNICIPAL BUILDINGS, CHENGANNUR, ALAPPUZHA DISTRICT, REPRESENTED BY ITS SECRETARY. BY GOVT. PLEADER SRI. P.N.SANTHOSH FOR R1 TO R3 SRI. S.HARIKRISHNAN, SC, CHENGANNUR MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30291 OF 2009 -------------------------- Dated this the 27th day of October, 2009 J U D G M E N T Heard Sri. C.S.Dias, the learned counsel appearing for the petitioners, Sri. P.N.Santhosh, the learned Government Pleader appearing for respondents 1 to 3 and Sri. S.Harikrishnan, the learned standing counsel appearing for the Chengannur Municipality. 2. The petitioners are licensees of three different bar hotels. They have filed this writ petition aggrieved by Exts.P4, P5 and P6 letters sent by the Circle Inspector of Excise, Chengannur, informing them that bars in their hotels should be closed on 29.10.2009 and 30.10.2009 since counting of votes is scheduled to be held on 29.10.2009 in the Government Vocational Higher Secondary School for Girls, Chengannur. Relying on the decision of a learned single Judge of this Court in Sulekha v. State of Kerala (2008 (2) KLT 23) the petitioners contend that closure by operation of Rule 28A of the Foreign Liquor Rules, 1953, cannot apply to an area situated beyond the constituency in which the bye-elections are held. 3. The learned Government Pleader appearing for respondents 1 to 3 submits that when the very same school was the counting centre for bye-election to another Grama Panchayat, similar directions were issued, that the petitioners thereupon filed W.P.(C) No. 26786 of 2009 in this Court and that by judgment delivered on 23.9.2009, the contention raised W.P.(C) No. 30291/09 2 in this writ petition was repelled. A copy of the judgment was also made available to me for perusal. 3. It is evident from the judgment of this Court in W.P.(C) No. 26786 of 2009 that the petitioners herein had challenged a similar direction issued earlier. It was held that when closure is ordered in connection with counting of votes, the place where counting of votes is held is a relevant consideration and that when counting of votes is held outside the panchayat limits, there is no inhibition against the statutory authorities from ordering closure of bars which are easily accessible from the place fixed for counting of votes, even if the said place is away from the constituency in which elections were held. In the light of the binding decision of this Court in W.P.(C) No. 26786 of 2009, to which the petitioners herein are parties, I find no reason to interfere with the direction issued in Exts.P4 to P6. I accordingly hold that there is no merit in this writ petition. The writ petition fails and it is accordingly dismissed. Registry to issue a certified copy of this judgment to the learned counsel appearing for the petitioner on usual terms, if applied for, today itself. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 30291/09 3