Shilpa Hospitality Pvt.Ltd v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU THURSDAY, THE 26TH DAY OF FEBRUARY 2015/7TH PHALGUNA, 1936 WP(C).No. 5766 of 2015 (U) --------------------------- PETITIONER:
-------------------- SHILPA HOSPITALITY PVT.LTD, M.C.ROAD, AYUR P.O., KOLLAM-691533, REPRESENTED BY ITS MANAGING DIRECTOR SHAJI R. BY ADVS.SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.V.RENJITH KUMAR SRI.ASWIN.P.JOHN RESPONDENT(S):
--------------------------
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY FOR TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM - 695 001.
2. COMMISSIONER OF EXCISE, TRIVANDRUM - 695 001.
3. DEPUTY COMMISSIONER OF EXCISE, KOLLAM - 691 013.
4. DISTRICT COLLECTOR, KOLLAM - 691 013.
5. DISTRICT POLICE CHIEF, KOLLAM RURAL, KOTTARAKKARA - 691 506.
6. CIRCLE INSPECTOR OF POLICE, KADAKKAL - 691 501.
BY GOVERNMENT PLEADER SMT.SANJEETHA.K.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 5766 of 2015 (U) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
------------------------------------- EXHIBIT P1:
THE TRUE COPY OF THE ORDER NO.M.5-1425/2015(1) DATED 20.2.2015 AND TRANSLATION.
EXHIBTI P2:
THE TRUE COPY OF THE JUDGMENT DATED 5.3.2009 IN WPC 5748 OF 2009.
EXHIBIT P3:
THE TRUE COPY OF THE JUDGMENT DATED 16.2.2005 IN WPC NO.5187/2005.
EXHIBIT P4:
THE TRUE COPY OF THE CIRCULAR DATED 29.4.2009 ISSUED BY THE CHIEF SECRETARY OF THE STATE.
EXHIBIT P5:
THE TRUE COPY OF THE JUDGMENT OF CONTEMPT OF COURT CASE NO.1210/2006 DATED 4.7.2008.
EXHIBIT P6:
THE TRUE COPY OF THE REPRESENTATION DATED 21.2.2015 SUBMITTED BY THE PETITIONER.
RESPONDENT(S)' EXHIBITS:
- NIL --------------------------------------- /TRUE COPY/ .A. TO JUDGE mbr/
DAMA SESHADRI NAIDU, J.
--------------------------------------- ---------------------------------------- Dated this the 26th day of February, 2015
JUDGMENT
The petitioner, a Hotel, has filed the writ petition impugning Exhibit P1 notice issued by the fourth respondent to some other Hotel not to vend liquor on 28.02.2015 in view of the Kadakkal Thiruvathira Festival on the said date.
2. The contention of the learned counsel for the petitioner is that the petitioner's hotel is situated about 14Kms away from the place of the festivities.
3. The learned Government Pleader, on instructions, has submitted that the petitioner's hotel is situated about 10 Kms from the place of festival. She has also further submitted that no prohibitory order has been served on the petitioner and, in fact, Exhibit P1 order was served on some
other hotel, which is situated in the closer vicinity. According to her, the writ petition is without any basis.
4. The learned counsel for the petitioner, countering the submissions made by the learned Government Pleader, has submitted that going by the previous practice the respondent authorities may serve a notice at any moment before 28th or even on the very 28th of this month, since there is an averment in Exhibit P1 that all hotels within the jurisdiction shall be closed on that date.
5. Recording the submission of the learned Government Pleader that so far no notice has been served on the petitioner by any of the respondents, this Court closes the writ petition as having not survived for any further consideration.
6. Before parting, it is however observed that on more than one occasion previously this Court deprecated the practice of serving prohibitory orders shortly before the occurrence of the festivities. In the present instance, since no notice has been served on the petitioner to this day, and the festivities are to take place within a week's time, it is expected that no further orders of interdiction are issued to
the petitioner without providing it a clear period of seven days' time as has been mandated by this Court through various judgments.
With the above observation, this writ petition is closed. DAMA SESHADRI NAIDU JUDGE DMR/-