Kerala High Court
Alankar Elite Inns And Hotels Pvt. Ltd vs State Of Kerala on 6 March, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.8710/2024 1/4 Order Date : 06-03-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Wednesday, the 6th day of March 2024 / 16th Phalguna, 1945
WP(C) NO. 8710 OF 2024
PETITIONERS:
1. ALANKAR ELITE INNS AND HOTELS PVT. LTD. RAILWAY STATION, ALUVA,
ERNAKULAM -683101. REPRESENTED BY ITS MANAGING DIRECTOR K R SURAJ,
ANITHA BHAVAN, KARIKKAMURI CROSS ROAD, ERNAKULAM, PIN - 682011.
2. MANJOORAN TOURIST HOME. ALUVA REPRESENTED BY ITS MANAGING PARTNER
M.V.JOSE, MANJOORAN HOUSE, ASAN LANE, ALUVA, ERNAKULAM , PIN -
683101.
3. CITY INN HOTEL E05, BANK ROAD, ALUVA 683101 REPRESENTED BY ITS
MANAGING PARTNER, C I ROSILY, EDASSERY HOUSE, PERIYAR CLUB ROAD,
DESOM, ALUVA, PIN - 683102.
4. HOTEL SEVEN STARS HOTEL PERIYAR COMPLEX, ALUVA 683101 REPRESENTED BY
ITS MANAGING PARTNER, ELDHO JACOB, PARATHUVAYALIL HOUSE,
VALAYANCHIRANGARA P.O., PERUMBAVOOR, ERNAKULAM, PIN- 683556.
5. HOTEL KAVALA CASTLE PARAVOOR KAVALA, THOTTAKKATTUKARA, ALUVA 683101
REPRESENTED BY ITS MANAGING PARTNER, AJITH C NAIR, MULAKUNNATHU
HOUSE, ULLANADU, BHARANANGANAM, KOTTAYAM, PIN - 686651.
6. HOTEL NAVARATHNA NH BYEPASS, ALUVA, 683101 REPRESENTED BY ITS
MANAGING PARTNER, AMBISH ANTONY, VELUTHEPPILLY HOUSE, PARAPPURAM
P.O., KIZHAKKUMBHAGOM, ERNAKULAM, PIN-683575.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT,
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2. COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, VIKAS BHAVAN P.O.,
NANDHAVANAM, THIRUVANANTHAPURAM , PIN - 695033.
3. DEPUTY EXCISE COMMISSIONER, OFFICE OF THE DEPUTY EXCISE
COMMISSIONER, EXCISE DIVISION OFFICE, KACHERIPADY, ERNAKULAM , PIN -
682018.
4. DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, CIVIL STATION,
KAKKANAD, ERNAKULAM, PIN- 682030.
5. DISTRICT POLICE CHIEF, ERNAKULAM RURAL, OFFICE OF THE DISTRICT
POLICE CHIEF, POWER HOUSE, ALUVA, ERNAKULAM , PIN - 683101.
6. CIRCLE INSPECTOR OF EXCISE, ALUVA, OFFICE OF THE CIRCLE INSPECTOR OF
EXCISE, NO.2681, STATE HIGHWAY 16, COCHIN BANK JUNCTION, EDAYPURAM,
ALUVA, ERNAKULAM, PIN - 683101.
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 stay the operation of Exhibit P1 notice and any order passed
under Section 54 of the Kerala Abkari Act, to the extent the same affects
the functioning of (i) Hotel Kavala Castle, Paravoor Kavala,
Thottakkattukara, Aluva 683101 (ii) Hotel Navarathna, NH Byepass, Aluva,
WP(C) No.8710/2024 2/4 Order Date : 06-03-2024
683101, (iii) Hotel Seven Stars, Hotel Periyar Complex, Aluva 683101 (iv)
City Inns Hotel, E05, Bank Road, Aluva 683101 (v) Manjooran Tourist Home,
Aluva 683101 (vi) Alankar Elite Inns and Hotels Pvt.. Ltd., Railway
Station, Aluva from 6 A.M. on 08/03/2024 till 2 P.M. on 09/03/2024 in
connection with 'Sivarathri' Festival at Sree Mahadeva Temple, Manappuram,
Aluva, during the pendency of the writ petition, for the fairplay of
justice.
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
THOMAS ABRAHAM, MERCIAMMA MATHEW, ASWIN.P.JOHN, R.ANANTHAPADMANABAN, PAUL
BABY, SWATHY A.P. & THARA ELIZABETH THOMAS, Advocates for the petitioners,
the court passed the following:
WP(C) No.8710/2024 3/4 Order Date : 06-03-2024
N. NAGARESH, J.
----------------------------
W.P. (C) No.8710 of 2024
--------------------------------------------------
Dated this the 6th day of March, 2024
ORDER
By Ext.P1 proceedings, the 6 th respondent-Circle
Inspector of Excise has banned the sale of liquor from 6 a.m on
08.03.2024 to 2 p.m. on 09.03.2024, in connection with
Sivarathri 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. The Government Pleader submits that the 5 th
petitioner-Hotel is functioning within 2 kilometers of the temple
concerned.
3. In the facts of the case, there will be an interim order
staying the operation of Ext.P1, in so far as it applies to
petitioners 1 to 4 and 6.
Post on 14.03.2024.
Sd/-
N. NAGARESH
AMR JUDGE
WP(C) No.8710/2024 4/4 Order Date : 06-03-2024
APPENDIX OF WP(C) 8710/2024
EXHIBIT P1 THE TRUE COPY OF THE NOTICE DATED 27/02/2024 ISSUED BY
THE 6TH RESPONDENT
EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED 16/02/2005 IN
W.P.(C) 5187 OF 2005
EXHIBIT P3 THE TRUE COPY OF THE CIRCULAR NO.7497/A2/09/TD DATED
29/04/2009 ISSUED BY THE CHIEF SECRETARY TO THE
GOVERNMENT OF KERALA ALONG WITH THE TYPED LEGIBLE COPY
EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT DATED 12/02/2018 OF THIS
HON'BLE COURT IN W.A. NO.391 OF 2018
EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DATED 30/03/2023 IN
W.A.NO.698 OF 2023
EXHIBIT P6 THE TRUE COPY OF THE INTERIM ORDER DATED 17/02/2023 OF
THIS HON'BLE COURT IN W.P.(C) NO.5657 OF 2023
EXHIBIT P7 THE TRUE COPY OF THE INTERIM ORDER DATED 15/01/2024 IN
W.P.(C)NO.1679 OF 2024
EXHIBIT P8 THE TRUE COPY OF THE INTERIM ORDER DATED 28/02/2024 IN
W.P.(C)NO.7870 OF 2024
EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION DATED 29/02/2024
SUBMITTED BY THE PETITIONERS
