Kerala High Court
M/S.Royal Blue Hotels (P) Ltd vs State Of Kerala on 23 February, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.7132/2024 1/3 Order Date : 23-02-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 23rd day of February 2024 / 4th Phalguna, 1945
WP(C) NO. 7132 OF 2024
PETITIONER:
M/S.ROYAL BLUE HOTELS (P) LTD (HOTEL PORT PALACE), VENGANOOR P.O,
MUKKOLA, VIZHINJAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS DIRECTOR,
SMT.SHAFEECCA, AGED 53 YEARS, W/O.MOHAMMED RAFI, PIN - 695527.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, EXCISE HEAD
QUARTERS, NANDAVANAM, THIRUVANANTHAPURAM, PIN - 695033.
3. THE DEPUTY COMMISSIONER OF EXCISE, EXCISE DIVISION OFFICE, EAST
FORT, THIRUVANANTHAPURAM, PIN - 695021.
4. THE DISTRICT COLLECTOR & DISTRICT MAGISTRATE, 2ND FLOOR, CIVIL
STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN -
695043.
5. THE INSPECTOR GENERAL & COMMISSIONER OF POLICE, THIRUVANANTHPAURAM
CITY, PIN - 695001.
6. THE CIRCLE INSPECTOR OF POLICE VIZHINJAM, THIRUVANANTHPAURAM
DISTRICT, PIN - 695521.
7. THE CIRCLE INSPECTOR OF EXCISE, EXCISE CIRCLE OFFICE, NEYYATTINKARA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695121.
8. THE CHIEF SECRETARY, GOVT. OF KERALA, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
Writ Petition (Civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order directing the respondents not to close down bar
license conducting by the petitioner's in the hotel, Hotel Port Aalace,
Venganoor P.O, Mukkola, Vizhinjam, Thiruvananthapuram in pursuance to
Ext.P1 order from 6 PM on 24.02.2024 to 6 PM on 25.02.2024 in connection
with the Ponkala festival of 'Aattukal Devi Temple, pending disposal of
the above writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.NIREESH MATHEW, Advocate for the petitioner, the court passed the
following:
WP(C) No.7132/2024 2/3 Order Date : 23-02-2024
N. NAGARESH, J.
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W.P. (C) No.7132 of 2024
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Dated this the 23rd day of February, 2024
ORDER
By Ext.P1 proceedings, the District Magistrate has
banned the sale of liquor from 6 a.m on 24.02.2024 to 6 p.m.
on 25.02.2024, in connection with a temple festival.
2. Government Pleader representing the respondents
opposed grant of any reliefs stating that in the light of a
Division Bench judgment of this Court, the respondents have
all the authority to suspend the sale of liquor, taking into
consideration public interest.
3. The petitioner states that the petitioner's four star
hotel is situated 18 k.m away from the temple festival area.
4. In the facts of the case, there will be an interim
order staying the operation of Ext.P1 to the extent it is
applicable to the petitioner.
Post on 27.02.2024.
Sd/-
N. NAGARESH
JUDGE
AMR
WP(C) No.7132/2024 3/3 Order Date : 23-02-2024
APPENDIX OF WP(C) 7132/2024
Exhibit P1 TRUE PHOTOCOPY OF THE ORDER NO.DCTVM/13780/2023-S9
DATED 07.02.2024 PASSED BY THE 4TH RESPONDENT.
Exhibit P2 TRUE PHOTOCOPY OF THE CIRCULAR NO.7497/A2/09/TD DATED
29.04.2009 ISSUED BY THE 1ST RESPONDENT.
