IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 27553 of 2011(T) ---------------------------------- PETITIONER(S): ------------------------ 1. FLAIR HOTELS & RESORTS PVT.LTD., ADUKKATH P.O., KUTTIYADI, CLAICUT-673 508, REPRESENTED BY ITS MANAGING DIRECTOR, SUNOJ KURIAN, AGED 28 YEARS, S/O.P.J.KURIAN 2. SUNOJ KURIAN, AGED 29 YEARS, S/O.P.J.KURIAN, MANAGING DIRECTOR, FLAIR HOTELS & RESORTS PVT.LTD., ADUKKATH P.O., KUTTIYADI, CLAICUT-673 508. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): ----------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY (HOME AFFAIRS), GOVERNMENT OF KERALA, THIRUVANNANTHAPURAM-695 001. 2. THE DIRECTOR GENERAL OF POLICE (LAW & ORDER), NORTHERN HEAD QUARTERS, THIRUVANNANTHAPURAM - 695001. 3. THE INSPECTOR GENERAL OF POLICE, NORTHERN RANGE, KOZHIKODE-673 101. 4. THE DISTRICT SUPERINTENDENT OF POLICE, RURAL, VADAKARA, KOZHIKODE-673 101. 5. THE DEPUTY SUPERINTENDENT OF POLICE, VADAKARA KOZHIKODE-673 101. 6. THE CIRCLE INSPECTOR OF POLICE, KUTTIYADI, KOZHIKODE DISTRICT - 673508. 7. THE SUB INSPEPCTOR OF POLICE, KUTTIYAD, KOZHIKODE DISTRICT - 673508. 8. THE DISTRICT COLLECTOR, KOZHIKODE 673011. 9. THE TAHSILDAR, VADARA, KOZHIKODE DISTRICT 673011. 10. KHALID MOOSA NADVI, S/O.MOOSA, THOTTATHIL HOUSE, NARIPPATTA P.O., KAKKATTU, KOZHIKODE DISTRICT-673 506. 11. T.M.SOOPI, S/O.IMU, THEYYAMBADI HOUSE, ADUKKATHU P.O., KUTTIYADI,KOZHIKODE DISTRICT - 673508. 12. K.M.BASHEER, PRESIDENT, MADHYA NIRODANA SAMITHI, KUTTIYADI, KOZHIKODE DISTRICT - 673508. R1 TO R9 BY SENIOR GOVT. PLEADER SRI.M.K.ABOOBACKER. R10 TO R11 BY ADV.SRI.R.PARTHASARATHY R12 BY ADV. SRI.R.K.MURALEEDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27553 of 2011(T) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1 PHOTOCOPY OF THE FL-3 LICENSE DATED 3/9/2011 ISSUED BY THE EXCISE COMMISSIONER. EXHIBIT P2 PHOTOCOPY OF THE NOTICE ISSUED BY THE MADHYA VIRUDHA SAMITHI, KUTTIYADI TO THE PETITIONER. EXHIBIT P3 PHOTOCOPY OF THE PETITION DATED 14/10/2011 SUBMITTED BEFORE THE DISTRICT COLLECTOR, KOZHIKODE. EXHIBIT P4 PHOTOCOPY OF THE PETITION DATED 15/10/2011 SUBMITTED BEOFORE THE 7TH RESPONDENT WITH COPIES TO OTHERS. RESPONDENTS' EXHIBITS : EXHIBIT R10(a) COPY OF THE AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND THE RESPONDENTS. EXHIBIT R12(a) COPIES OF THE PHOTOGRAPHS OF PROTESTS BY THE LOCAL PEOPLE AGAINST THE BAR HOTEL. EXHIBIT R12(b) A COPY OF THE AGREEMENT EXECUTED BY THE 2ND RESPONDENT DTD 09/04/2010. EXHIBIT R12(c) A COPY OF THE ROUGH SKETCH TO SHOW THE DISTANCE BETWEEN THE NEAREST EDUCATIONAL INSTITUTION AND THE BAR HOTEL. EXHIBIT R12(d) A COPY OF THE COMPLAINT FILED BEFORE THE EXCISE COMMISSIONER DTD 26/10/2011. EXHIBIT R12(e) A COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE EXCISE COMMISSIONER DTD 31/10/2011. EXHIBIT R12(f) COPY OF THE COMPLAINT FILED BEFORE THE GRAMA PANCHAYATH DTD 29/10/2011. EXHIBIT R12(g) COPY OF THE COMPLAINT FILED BEFORE THE GRAMA PANCHAYATH DTD 31/10/2011. EXHIBIT R12(h) A COPY OF THE NOTICE PUBLISHED BY THE MADYA NIRODHANA SAMITHI. //TRUE COPY// STU P.A TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.27553 of 2011 -------------------------------------------------- Dated this the 11th day of November, 2011 J U D G M E N T Pius C. Kuriakose, J No representation on either sides. We believe that the interim order issued by this Court on 18.10.2011 has granted adequate reliefs to the petitioners. We close this writ petition in view of the above interim order. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab O.P(Crl.) No.2626 of 2011 2