The Century Club vs The Excise Commissioner
2025 Latest Caselaw 6848 Ker

Kerala High Court

The Century Club vs The Excise Commissioner on 18 June, 2025

                                                    2025:KER:43255
                                    -1-
WP(C) No. 16455 of 2025


               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

            THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

  WEDNESDAY, THE 18TH DAY OF JUNE 2025 / 28TH JYAISHTA, 1947

                          WP(C) NO. 16455 OF 2025

PETITIONER:

             THE CENTURY CLUB,
             VENNALA, KOCHI, REPRESENTED BY ITS SECRETARY,
             RAMACHANDRAN T.V.,
             AGED 65 YEARS, S/O.VIMALACHANDRAN,
             RESIDING AT AYKKARAPARAMBIL HOUSE,
             EROOR P.O, TRIPUNITHURA,
             ERNAKULAM DISTRICT, PIN-682020

             BY ADVS.
             SRI.NIREESH MATHEW
             SHRI.M.G.KARTHIKEYAN


RESPONDENTS:

      1      THE EXCISE COMMISSIONER,
             COMMISSIONERATE OF EXCISE,
             EXCISE HEAD QUARTERS, NANDAVANAM,
             THIRUVANANTHAPURAM, PIN-695033

      2      THE DEPUTY COMMISSIONER OF EXCISE,
             EXCISE DIVISION OFFICE, KACHERIPADY,
             ERNAKULAM, PIN-682018

      3      THE CIRCLE INSPECTOR OF EXCISE,
             EXCISE CIRCLE OFFICE, NEAR NORTH RAILWAY
             STATION,ERNAKULAM, PIN - 682018

      4      K.R.SAJEEV,
             KRISHNA KRIPA, KOLLAMPARAMBIL HOUSE,
             AMBEDKAR ROAD, VENNALA, COCHIN, PIN-682028
                                                2025:KER:43255
                             -2-
WP(C) No. 16455 of 2025


 *ADDL.R5 ROY GEORGE,
          S/O. M.J.GEORGE, MEMBER, ADHOC COMMITTEE,
          THE CENTURY CLUB, VENNALA, KOCHI-682020,
          RESIDING AT MENACHERY HOUSE,
          VAZHAKKALA SOUTH KAKKANAD P. O,
          ERNAKULAM, KOCHI, PIN-682030

 *ADDL.R6 LIJU PALAN,
          S/O. THOMAS P.T., MEMBER, ADHOC COMMITTEE,
          THE CENTURY CLUB, VENNALA, KOCHI-682020
          RESIDING AT PALLATH HOUSE,
          THAMMNAM P.O., KOCHI, PIN-682032

 *ADDL.R7 PREMAN M.D.,
          S/O. DAMADHARAN PA , MEMBER, ADHOC COMMITTEE, THE
          CENTURY CLUB, VENNALA, KOCHI-682020 RESIDING AT
          MELOTH HOUSE, VENNALA P.O,ERNAKULAM KOCHI, PIN
          -682028

 *ADDL.R8 MATHEW JACOB,
          S/O.JACOB, MEMBER, ADHOC COMMITTEE,
          THE CENTURY CLUB, VENNALA, KOCHI-682020
          RESIDING AT THALAVAYALIL,
          PADAMUGAL, PALACHODU, KAKKANADU P.O.,
          ERNAKULAM, KOCHI, PIN-682030

 *ADDL.R9 SATHYPAL,
          S/O. A V PARAMESWARAN, MEMBER, ADHOC COMMITTEE,
          THE CENTURY CLUB, VENNALA, KOCHI-682020
          RESIDING AT 301-A DREAM FLOWER APARTMENT,
          THAMPURATTY PARAMIBU,
          EDAPALLY, KOCHI, PIN-682024

*ADDL.R10 DEVKUMAR R.,
          S/O.RETNAM PILLAI, MEMBER, ADHOC COMMITTEE,
          THE CENTURY CLUB, VENNALA, KOCHI-682020
          RESIDING AT XI/A5, KENT GLASS HOUSE,
          KANIAMPUZHA ROAD, VYTTILA P.O.,
          KOCHI, PIN-682019

*ADDL.R11 SATHEESH KUMAR,
          S/O. BHASKARA PILLAI, MEMBER, ADHOC COMMITTEE,
          THE CENTURY CLUB, VENNALA, KOCHI-682020
                                                      2025:KER:43255
                                -3-
WP(C) No. 16455 of 2025


             RESIDING AT OMKARAM, GREEN DELEVILLAS
             VELLATTUPADAM, NGO QUARTERS ROAD,
             THRIKKAKARA P.O., KOCHI, PIN - 682021

          * ADDL.R5 TO ADDL.R11 ARE IMPLEADED AS PER ORDER
            DATED 20.05.2025 IN I.A.1/2025 IN WP(C)16455/2025.

             BY ADVS.
             SRI.MILLU DANDAPANI
             SHRI.P.K.IBRAHIM
             SRI.K.A.ANI JOSEPH
             SMT.K.P.AMBIKA
             SMT.ZEENATH P.K.
             SMT.JABEENA K.M.
             SHRI.ANAZ BIN IBRAHIM
             SHRI.PRADEEP KUMAR A.

             SRI. S. SREEKUMAR
             SRI. SREEJITH V.S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                             2025:KER:43255
                                      -4-
WP(C) No. 16455 of 2025


                        MOHAMMED NIAS C.P., J.
                  --------------------------------------------
                         W.P.(C) No.16455 of 2025
                  --------------------------------------------
                  Dated this the 18th day of June, 2025

                                 JUDGMENT

The writ petition is filed seeking a direction to respondents 1

to 3 to permit the petitioner club to conduct Ext.P1 licence

provisionally represented by the present secretary, Ramachandran

T.V., till a decision is taken on Ext.P4 request to change the name of

the person to represent the licence.

2. FL-4A licence granted to Century Club under the provisions

of the Kerala Abkari Act and rules, was renewed as per Ext.P1, showing

the 4th respondent herein as the licencee, for the period from

31.03.2025 to 31.03.2026. There were disputes between the members of

the Club, which led to the filing of a civil suit, resulting in Ext.P2 order

in I.A.No.2/2025 in O.S.No.380/2025, wherein an ad injunction order

was passed, the relevant portion of which reads as follows:

2025:KER:43255

" an order of ad-interim temporary prohibitory injunction

from causing an obstruction to the functioning of election committee, finance committee, disciplinary committee, food and beverage committee, sports committee and recreation committee duly appointed by the governing council for the period 2023-2025, from readmitting an expelled member, from implementing the decision to re- audit the accounts of the 1st respondent club for the period from 01.07.2023 -19.03.2025 and from taking any policy decisions relating to the 1st respondent club and from doing any act which are to be performed exclusively by the elected governing council of the 1st respondent club, until further orders."

3. On the request of the 4th respondent, the Bar (Permit

Room) was temporarily closed and the liquor stocks were sealed and

frozen after due verification, as per the directions from the Deputy

Excise Commissioner, Ernakulam, on 15.04.2025.

4. Today, when the matter is taken up, learned Senior

Counsel appearing for the petitioner, learned Senior Counsel

appearing for additional respondents 5 to 11 and Sri. Millu Dandapani, 2025:KER:43255

appearing for the 4th respondent, submits that in the interest of all the

parties, the 4th respondent be allowed to operate the Bar on the

strength of Ext.P1.

5. In view of the above and taking note of the fact that

renewal of the licence has been made as per Ext P1 and that no

statutory violations are alleged, if the 4th respondent makes a request

before respondents 1 and 2, the respondent concerned shall pass

appropriate orders, within three days from the date of receipt of the

request from the 4th respondent, permitting the licencee to carry on

the operations till 31.03.2026, 5. It is made clear that the passing of

this order shall not, in any way, affect any of the directions issued by

the Munsiff's Court referred to above. It will be open to respondents 1

to 3 to take appropriate action under law, if they notice any violation

of the permit conditions in Ext.P1 licence.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE bpr 2025:KER:43255

APPENDIX OF WP(C) 16455/2025

PETITIONER'S EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE FL-4A LICENSE RENEWAL CERTIFICATE DATED 31.03.2025 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 TRUE PHOTOCOPY OF THE ORDER DATED 11.04.2025 IN I.A.NO.02/2025 IN OS.NO.380/2025 PASSED BY THE MUNSIFF'S COURT, ERNAKULAM.

Exhibit P3 TRUE PHOTOCOPY OF THE LETTER DATED 13.04.2025 SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P4 TRUE PHOTOCOPY OF THE LETTER DATED 15.04.2025 SUBMITTED BEFORE THE EXCISE COMMISSIONER THROUGH THE 3RD RESPONDENT.

RESPONDENTS' ANNEXURES

Annexure-R1                  TRUE COPY       OF THE OBJECTION TO THE
                             APPLICATION      FILED BY THE   IMPLEADING
                             PETITIONERS

Exhibit R4-A                 TRUE COPY OF THE REPRESENTATION SUBMITTED
                             BY THE MEMBERS OF THE ADHOC COMMITTEE

Exhibit R2(a)                TRUE COPY OF THE LETTER DATED 13.04.2025
                             BY THE FOURTH RESPONDENT.

Exhibit R2(b)                TRUE COPY OF THE INTERIM INJUNCTION ORDER

FROM MUNSIFFS COURT ERNAKULAM IN O.S NO

Exhibit-R5(A) TRUE COPY OF THE BYLAW OF CENTURY CLUB

Exhibit-R5(B) TRUE COPY OF THE I.A.NO.2 OF 2025 IN O.S.NO.380 OF 2025 ON THE FILE OF MUNSIFFS COURT, ERNAKULAM 2025:KER:43255

Exhibit-R5(C) TRUE COPY OF THE INJUNCTION ORDER DATED 11.04.2025 IN I.A.NO.2 OF 2025 IN O.S.NO.380 OF 2025 OF MUNSIFF COURT ERNAKULAM

Exhibit-R5(D) THE TRUE COPY OF A NOTICE DATED 13.04.2025 BY SHO PALARIVATTOM