Prem Mohan vs The State Of Kerala
2024 Latest Caselaw 12376 Ker

Kerala High Court

Prem Mohan vs The State Of Kerala on 20 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                         WP(C) NO. 4372 OF 2017
PETITIONER:

            PREM MOHAN
            AGED 57, S/O RAJAN, VAZHAPILLY HOUSE, EDAMUTTOM P.O.
            THRISSUR- 680 568

            BY ADV SRI.G.SREEKUMAR (CHELUR)



RESPONDENTS:

    1       THE STATE OF KERALA
            REP. BY SECRETARY TO THE GOVERNMENT LOCAL SELF
            GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT,
            THIRUVANANTHAPURAM- 695 001

    2       THE VALAPPAD GRAMA PANCHAYATH
            REP. BY ITS SECRETARY, VALAPAD P.O. THRISSUR- 680 567

    3       THE KERALA STATE BEVERAGES CORPORAITON
            REP. BY ITS MANAGER, THRISSUR- 680 001

    4       PREETHI RANJINI
            PUZHAKADAVIL HOUSE, EDAMUTTOM, KAZHEEMBRAM, THRISSUR-
            680 568

            BY ADV SMT.P.R.REENA



OTHER PRESENT:

            SRI.B.S.SYAMANTAK, GP, SRI.NAVEEN.T, SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.4372 of 2017


                                       2

                       P.V.KUNHIKRISHNAN,J.
                    ---------------------
                        W.P (C) No.4372 of 2017
                 ---------------------------
                   Dated this the 20th day of May, 2024

                                 JUDGMENT

This writ petition is filed with the following prayers:-

"i) Issue a writ of mandamus or any other appropriate writ or order or direction commanding the second respondent, and other respondents as well to see that Ext.P4 is respected and that in terms of the same no activity of selling any liquor is permitted in the premises in question, in the interest of Justice.

ii) Issue a writ of mandamus or any other appropriate writ or order or direction commanding the first respondent, to conduct an enquiry as to how the documents were obtained as concerning the fourth respondent when she is abroad, in preparing the records, by the second respondent, in the interest of justice.

iii) To pass any such other orders as the petitioner may seek and this Hon'ble Court deem fit to grant."

[SIC]

2. The main prayer in this writ petition is to do the

needful based on Ext.P4 stop memo. If Ext.P4 stop memo is in

force as on today, the petitioner can file a representation

before the 2nd respondent and if such a representation is

received, the 2nd respondent will do the needful to enforce

Ext.P4, if the same is in force as on today.

With the above directions, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE bng

APPENDIX OF WP(C) 4372/2017

PETITIONER EXHIBITS

EXHIBITP1 A TRUE COPY OF THE REQUEST SUBMITTED BY ONE VIJIN KARTHIK DATED 28-01-2017

EXIBIT P2 A TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER AND OTHERS BEFORE THE RESPONDENT DATED NIL

EXHIBIT P3 A TRUE COPY OF THE RECEIPT ISSUED BY THE EXCISE DIVISIONAL OFFICE, THRISSUR DATED 28-01-2017

EXHIBIT P4 A TRUE COPY OF THE STOP MEMO ISSUED BY THE SECOND RESPONDENT DATED 31-01-2017