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Kerala High Court
San Tourist Home vs State Of Kerala on 9 February, 2026
WP(C) NO. 3045 OF 2026 1 2026:KER:11432
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 9th DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
WP(C) NO. 3045 OF 2026
PETITIONERS:
1 SAN TOURIST HOME, KAVANAD, KOLLAM REPRESENTED BY
ITS MANAGING PARTNER PHILOMENE ANTONY, EDAMANA,
SAKTHIKULANGARA, KOLLAM, PIN - 691581
2 MARIYALAYAM TOURIST LODGE,
SAKTHIKULANGARA, KOLLAM, REPRESENTED BY
PROPRIETOR LAZARUS ALOYSIUS, MARIYALAYAM,
SAKTHIKULANGARA, KOLLAM, PIN - 69158
BY ADVS. SHRI.THOMAS ABRAHAM
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SHRI.R.ANANTHAPADMANABAN
SHRI.PAUL BABY
SMT.SWATHY A.P.
SMT.THARA ELIZABETH THOMAS
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, EXCISE COMPLEX,
CHINNAKADA, KOLLAM, PIN - 691001
WP(C) NO. 3045 OF 2026 2 2026:KER:11432
4 DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION ROAD,
KAANKATHU MUKKU, KOLLAM, PIN - 691013
5
DISTRICT POLICE CHIEF,
KOLLAM RURAL, OFFICE OF THE DISTRICT POLICE
CHIEF, KOTTARAKARA P.O., KOLLAM, PIN - 691506
SRI. P.S. APPU, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 3045 OF 2026 3 2026:KER:11432
JUDGMENT
The writ petition is filed with the following prayers.
"(i) call for the records leading to Exhibit P2 notice and
all consequential proceedings and orders, including one
under Section 54 of the Kerala Abkari Act to the extent
the same affects the functioning of the petitioners abkari
establishments on 4/2/2026 and 5/2/2026 and quash the
same by issuing a writ of certiorari or any other
appropriate writ, order or direction;
(ii) issue a writ of mandamus or any other appropriate
writ, order or direction commanding respondents 1 to 4
not to include the petitioners viz. (i) San Tourist Home,
Kavanad, Kollam and (ii) Mariyalayam Tourist Lodge,
Sakthikulangara, Kollam in any order passed under
Section 54 of the Kerala Abkari Act or any other order
directing closure in connection with the conduct of the
festival at Sree Dharma Sastha Temple, Sakthikulangara
on 4/2/2026 and 5/2/2026;
(iii) issue a writ of mandamus or any other appropriate
writ, order or direction commanding the 4 th respondent
to act strictly in accordance with the directions in
Exhibits P3, P4, P6 and P7 judgments as well as Exhibit
P5 circular in the matter of the issuance of any closure
order under Section 54 of the Act against the petitioners'
hotels;
WP(C) NO. 3045 OF 2026 4 2026:KER:11432
(iv) Petitioners pray that this Hon'ble Court may be
pleased to dispense with the translation of the
documents produced in the vernacular;
and;
(v) grant such other and further reliefs as deemed fit
and proper for this Hon'ble Court to award the costs of
this Writ Petition."
2. An interim order was passed by this Court on 27 th January
2026, staying Ext.P2 and the period mentioned therein is already
over.
Accordingly, nothing further remains to be considered in this
writ petition and the same is closed as infructuous.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) NO. 3045 OF 2026 5 2026:KER:11432
APPENDIX OF WP(C) NO. 3045 OF 2026
PETITIONERS' EXHIBITS
Exhibit P1 THE TRUE COPY OF THE FL-3 LICENSE
RENEWAL CERTIFICATE ISSUED TO THE 1ST
PETITIONER FOR THE ABKARI YEAR 2025-
2026.
Exhibit P1(A) THE TRUE COPY OF THE FL-3 LICENSE
RENEWAL CERTIFICATE ISSUED TO THE 2ND
PETITIONER FOR THE ABKARI YEAR 2025-
2026.
Exhibit P2 THE TRUE COPY OF THE NOTICE
NO.DCKLM/2SS/2026/M5 DATED 9/1/2026
ISSUED BY THE 4TH RESPONDENT.
Exhibit P2(a) THE TRUE COPY OF THE REPORT PUBLISHED IN
MALAYALAM MANORAMA DAILY REVEALING THE
DIRECTION ISSUED BY THE 4TH RESPONDENT
TO IMPOSE BAN ON SALE OF ALCOHOL IN
CONNECTION WITH THE FESTIVAL AT
SAKTHIKULANGARA SREE DHARMASASTHA
TEMPLE.
Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED
16/02/2005 IN W.P.(C) 5187 OF 2005 IS
PRODUCED HEREWITH AND MARKED AS EXHIBIT-
P3.
Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED
05/03/2009 IN W.P.(C) NO.5748 OF 2009.
Exhibit P5 THE TRUE COPY OF THE CIRCULAR
NO.7497/A2/09/TD DATED 29/04/2009 ISSUED
BY THE CHIEF SECRETARY TO GOVERNMENT OF
KERALA ALONG WITH A TYPED LEGIBLE COPY.
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED
12/02/2018 OF THIS HON'BLE COURT IN W.A.
NO.391 OF 2018.
Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED
WP(C) NO. 3045 OF 2026 6 2026:KER:11432
30/03/2023 IN W.A.NO.698 OF 2023.
Exhibit P8 THE TRUE COPY OF THE INTERIM ORDER DATED
17/1/2025 IN W.P.(C)NO.1705 OF 2025.
Exhibit P9 THE TRUE COPY OF THE INTERIM ORDER DATED
25/2/2025 ISSUED BY THIS HON'BLE COURT
IN W.P.(C)NO.7750 OF 2025.
Exhibit P10 THE TRUE COPY OF THE ORDER DATED
15/1/2025 IN W.P.(C)NO.1470 OF 2025.
ExhibitP11 THE TRUE COPY OF THE INTERIM ORDER DATED
4/4/2025 IN W.P.(C)NO.14248 OF 2025.
Exhibit P12 THE TRUE COPY OF THE INTERIM ORDER DATED
2/5/2025 IN W.P.(C)NO.17238 OF 2025.
Exhibit P13 THE TRUE COPY OF THE INTERIM ORDER DATED
15/1/2026 IN W.P.(C)NO.1664 OF 2026.
Exhibit P14 THE TRUE COPY OF THE INTERIM ORDER DATED
3/4/2025 ISSUED BY THE DIVISION BENCH OF
THIS HON'BLE COURT IN W.A.NO.647 OF
2025.
Exhibit P15 THE TRUE COPY OF THE REPRESENTATION
DATED 14/01/2026 SUBMITTED BY THE
PETITIONERS.
// TRUE COPY //
P.A. TO JUDGE
