IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9231 of 2009(Y) ------------------------------- PETITIONER: -------------- A.SUGATHA DEVI, LICENSEE, HOTEL PADIPURAYIL, REISIDING AT SHINE NIVAS, PARAVOOR, KOLLAM DISTRICT. BY MR.THOMAS ABRAHAM, ADVOCATE. MR.DIPU.R, ADVOCATE. MS.MERCIAMMA MATHEW, ADVOCATE. MR.K.S.HARIDAS, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY FOR TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. COMMISSIONER OF EXCISE, TRIVANDRUM. 3. ASSISTANT EXCISE COMMISSIONER, KOLLAM. 4. DISTRICT COLLECTOR, KOLLAM. 5. CIRCLE INSPECTOR OF EXCISE, KOLLAM. BY MS. K.R. DEEPA, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9231/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE LICENSE RENEWED TILL THE CURRENT YEAR. EXT. P2 : COPY OF the JUDGMENT DTD. 16.2.2005 OF THIS HON'BLE COURT IN W.P.(C) No.5187/2005. EXT. P3 : COPY OF THE REPRESENTATION 28.3.2008 BEFORE THE 4TH RESPONDENT. EXT. P4 : COPY OF the JUDGMENT IN CONTEMPT OF COURT CASE (C.C.No.1210 OF 2006). RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.9231 OF 2009 ---------------------------------------- Dated this the 27th day of March, 2009 JUDGMENT The petitioner is aggrieved by apprehended orders of the District Magistrate under Section 54 of the Abkari Act directing closure of liquor shops at Paravoor in Kollam District on account of Paravoor Puttingal Devi Temple Festival, which is scheduled to be held from 27.3.2009 to 29.3.2009. When the matter came up on 23.3.2009, I passed the following interim order: “Govt. Pleader takes notice for respondents 1 and 2. Issue notice by special messenger to respondents 3 to 5. Order, if any, passed under Section 54, shall not be implemented except after obtaining orders from this Court. However, I make it clear that this would not stand in the way of the Collector passing orders under S.54 of the Abkari Act if he is satisfied that the conditions as prescribed in Ext.P2 judgment is satisfied with adequate reasons in support of that conclusion and stating as to why the order could not be passed earlier. Post on 27.3.2009”. Today, the learned Government Pleader submits that there is no proposal for issuing any orders under Section 54 of the W.P.(c)No.9231/09 2 Abkari Act in connection with the said festival from 27.3.009 to 29.3.2009. This submission is recorded and the writ petition is closed. S. SIRI JAGAN, JUDGE Acd