IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 9483 of 2009(E) PETITIONER(S): 1. C.K.UMESH CHALLIYIL, LICENCEE, HOTEL PALACE-EN PARADISE (BAR ATTACHED), KODUNGALLOOR. 2. DR.SHAJU A.ANTONY, LICENCEE AND MANAGING DIRECTOR, M/S.HOTEL KAIRALI (BAR ATTACHED), KODUNGALLOOR. 3. N.H.KARTHIKEYAN, LICENCEE, HOTEL SINDHU BAR, KODUNGALLOOR. 4. V.R.SAJEEVAN, LICENCEE, ASWATHY BAR AND HOTEL, KODUNGALLOOR. 5. P.S.SREEKANTHAN, LICENCEE, HOTEL PRASANTHI HOTEL AND MOVIES LTD., KODUNGALLUR. 6. T.B.PREMDAS, LICENCEE AND MANAGING PARTNER, M/S.HOTEL INDRA PRASTHAM, KODUNGALLUR. BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, KERALA, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, THRISSUR. 4. THE DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKUDA. 5. CIRCLE INSPECTOR OF POLICE, KODUNGALLUR. 6. SUB INSPECTOR OF POLICE, KODUNGALLUR. GOVT. PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 9483 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 24th March, 2009. J U D G M E N T The petitioners apprehend that without an order under Section 54 of the Abkari Act, the Police Officers may forcibly close down the petitioners' liquor shops in view of the Kodungaloor Bharani Mahotsav commencing from 24th March, 2009. Petitioners' apprehension is based on their experience during the previous years when the Police Officers used to force the petitioners to close down their liquor shops as evidenced by Ext. P2. 2. I directed the learned Government Pleader to ascertain from the 3rd respondent as to whether any order under Section 54 has been passed by the District Collector. The learned Government Pleader, on instructions, submits that no orders have been issued and there is no proposal for issuing an order also. That being so, I do not think that the Police Officers can, on their own, without an order from the District Collector under Section 54, forcibly close down the liquor shops, which are being conducted with licence issued by the Government for the purpose. In the above circumstances, the writ petition is disposed of with a direction that no Police Officer shall interdict functioning of the petitioners' liquor shops except with an order under Section 54 of the Abkari Act by the District Collector. S. Siri Jagan, Judge. Tds/