IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 11031 of 2011(D) ---------------------------------------- PETITIONER(S): ------------------------ VIPIN P.T., MANAGER, THEERTHA INTERNATIONAL HOTEL, PAYYOLI, KOZHIKODE DISTRICT. BY ADVS. SRI.THOMAS ABRAHAM SRI.R.DIPU SRI.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.RENJITH KUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM, PIN 695 001. 2. COMMISSIONER OF EXCISE, TRIVANDRUM, PIN 695 001. 3. DEPUTY EXCISE COMMISSIONER, KOZHIKODE, PIN 673 001. 4. DISTRICT COLLECTOR, KOZHIKODE, PIN 673 001. 5. DISTRICT SUPERINTENDENT OF POLICE KOZHIKODE RURAL, VADAKARA-673 101. 6. SUB INSPECTOR OF POLICE, PAYYOLI POLICE STATION, PIN 673 522. R1 TO R6 BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2011, ALONG WITH WPC NO. 11032 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) Nos.11031 & 11032 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2011 J U D G M E N T Essentially, the challenge in these writ petitions are against the orders passed by the 4th respondent by invoking the power under Sec.54 of the Kerala Abkari Act. As per the said orders, the 4th respondent declared 04.04.2011 and 05.04.2011 as 'dry days' for all liquor shops in Quilandy Taluk, in connection with the festivals in Kollam Sreephisharikavu in Quilandy. 2. However, these writ petitions came up for admission only on 06.4.2011. Therefore, nothing survives for consideration in these writ petitions. But, the learned counsel for the petitioners submitted that the petitioners may be permitted to pursue prayer No.(ii) in these writ petitions. Prayer No.(ii) in these writ petitions are one and the same and the same reads thus:- “Issue a writ of mandamus or any other appropriate writ order or direction commanding the the 4th respondent to act strictly in accordance with the directives in Exhibit- P2 and P3 judgments as well as Exhibit P4 order in the matter of issuance of any order under Section 54 of the Act against the petitioner's bar hotel in future” 3. Exhibit P2 is the judgment dated 16.2.2005 in W.P(C) No.5187 of 2005 and Exhibit P3 is the judgment dated 4.7.2008 WPC Nos. 11031 & 11032 of 2011 - : 2 :- in Cont. Case (C) No.1210 of 2006. I do not think it necessary to consider the entitlement or otherwise of the petitioners to prayer No.(ii) in these writ petitions. 4. It is made clear that it will be open to the petitioners to take appropriate action in case of issuance of order under Section 54 of the Kerala Abkari Act, in future, in accordance with law. The issue whether the petitioners are entitled to get relief No.(ii) need be considered only in case of such eventuality and in case the petitioner seeks such a relief in future. Subject to the above observations these writ petitions are dismissed. Sd/- C.T. RAVIKUMAR, JUDGE //TRUE COPY// P.A. TO JUDGE KRK WPC Nos. 11031 & 11032 of 2011 - : 2 :-