IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 W.P.(C).No. 24971 of 2008(W) ----------------------------------- PETITIONER: -------------- P.J.KURIAN, AGED 58 YEARS, S/O.LATE JOSEPH, PALAKUNNEL HOUSE, ATHIRAMPUZHA P.O., ETTUMANOOR, KOTTAYAM DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENTS: ----------------- 1. STATE OF KERALA REP. BY SECRETARY TAXES (A) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASST.EXCISE COMMISSIONER, KOTTAYAM 4. THE CIRCLE INSPECTOR OF EXCISE, KOTTAYAM. BY GOVT. PLEADER, SMT. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 24971 OF 2008 W ==================== Dated this the 22nd day of August, 2008 J U D G M E N T Petitioner is the Managing Partner of a firm which owns Palakunnel Tourist Home, Ettumanoor, which has been issued FL-3 licence No.KT-33. 2. This writ petition is filed on account of the endorsement dated 13/8/2008 made by the 4th respondent on Ext.P1, the inspection note book maintained in the petitioner's hotel. The endorsement is to the effect that only authorised bar counter shall be maintained within the hotel. 3. Petitioner submits that he is maintaining more than one counter within the approved bar room and that the effect of the endorsement referred to above is that he will be prevented from running more than one counter within the bar room. According to the petitioner, a licencee is free to maintain more counters than one, depending upon the business requirements. 4. On the other hand, what the learned Government Pleader submits is that the petitioner is maintaining a bar counter outside the licenced bar room and it is to prevent functioning of such additional bar counter that the endorsement has been made in Ext.P1. WPC 24971/08 :2 : 5. Going by the writ petition, petitioner is maintaining bar counters only within the licenced bar room. If that be so, as per the instructions received and the submissions made by the learned Government Pleader, that is not objectionable to the Department. Therefore, clarifying that the aforesaid endorsement made on Ext.P1 will not stand in the way of the petitioner maintaining bar counters within the approved and licenced bar room of his hotel, this writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp