IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 34958 of 2008(J) PETITIONER(S) : 1. ISMAIL SAIT THYKKAVU REP. BY ITS MUTHAVALLY/SECRETARY K.K.ABOOBACKER, AGED 75, BUSINESS, S/O.KUNJUMEERAN, KARUKAPADATH HOUSE, EDAVANAKKAD P.O. 2. P.R.SUBRAMANIAN, PAZHAMPILLY HOUSE, SYED MUHAMMED ROAD, EDAVANAKKAD P.O., ERNAKULAM. BY ADV. SRI.D.SOMASUNDARAM SRI.K.A.MANZOOR ALI RESPONDENT(S): 1. STATE OF KERALA, REP. BY ITS SECRETARY TO TAXES GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, ERNAKULAM. 4. KERALA STATE WAKF BOARD. REP. BY ITS CHIEF EXECUTIVE OFFICER, ERNAKULAM. 5. THE CIRCLE INSPECTOR OF POLICE, NJARAKKAL CIRCLE, NJARAKKAL. 6. P.N.THILAKAN, PALAKKAL HOUSE, CHITTATTUKARA, VADAKKEKKARA P.O., N.PARAVUR. ADV. SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R4 DR.K.P.SATHEESAN FOR R6 SRI.K.K.GOPINATHAN NAIR FOR R6 SRI.M.R.JAYAPRASAD FOR R6 SRI.P.MOHANDAS (ERNAKULAM) FOR R6 GOVT. PLEADER SRI. K.V. MANOJ KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, ALONG WITH COC NO. 1722 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 34958 of 2008 & Cont. Case (C) No. 1722 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 28th November, 2008. J U D G M E N T These matters relate to grant of a toddy shop licence within the prohibited distance of a mosque. The 6th respondent in W.P(C) No. 34958/2008 was the licensee. His licence was earlier cancelled on the ground that the toddy shop is within the prohibited distance from the mosque. That was challenged before me in W.P(C) No. 8654/2008 by the licensee. By Ext. P4 judgment, I dismissed that writ petition holding that since the Thycavu is in fact a mosque and since there is no dispute regarding the distance between the toddy shop and the mosque, the cancellation of the licence is valid and sustainable. The representatives of the mosque have filed the contempt case alleging that in spite of the earlier judgment again licence has been issued in favour of the same licensee in the same building. They have also filed W.P(C) No. 34958/2008 challenging the licence and the Government letter based on which that licence has been issued. Ext. P5 is the licence issued to the 6th respondent. It is in the above circumstances I have issued notice to the parties in both cases. Notices have been served. 2. Today, the learned Government Pleader submits that by order dated 27-11-2008 the licence issued to the 6th respondent has been cancelled and the toddy shop has been closed. In the above circumstances, I do not think that any further proceedings are necessary either in the writ petition or in the contempt case. Accordingly, the same are closed recording the above submission made by the learned Government Pleader. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.