Skip to content

The research platform for Indian law — judgements, legislation and the citations between them. Free to search, with the original document behind every result.

A product of LawSathi.

Research

Search Legislation Research tools

Browse

Courts Case types Topics Most-cited judgements Sources

LawSathi

Practice platform Blog

© 2026 LawSathiTerms PrivacyResearch aid, not the official record.

Hotel Sea Palace Vs State of Kerala — Kerala HC (2022) — LawSathi Research

Home
Kerala HC
2022
Hotel Sea Palace Vs State of KeralaHotel Sea Palace v. State of Kerala

Disposed

Hotel Sea Palace v. State of Kerala

Kerala HC1 Aug 2022WA/954/2022

Case brief

AI extract

What is this about?

Intra-court appeal dismissing Single Judge's order in a liquor ban challenge; ban period expired; case disposed without merits.

What did the court decide?

Writ appeal disposed without adjudication on merits; issues left open.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

&

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 1^ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944

WA NO. 954 OF 2022

AGAINST THE JUDGMENT IN WP(C) 24255/2022 OF HIGH COURT OF KERALA

APPELLANT:

HOTEL SEA PALACE KOLLAM REPRESENTED BY ITS MANAGING PARTNER SHRI.N.RAJENDRAN, GOURI VIHAR, MYTHRI NAGAR, 7A, KADAPPAKADA, KOLLAM - 691 008.

BY ADVS. THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN P.JOHN R.ANANTHAPADMANABAN PAUL BABY

RESPONDENTS:

Parties & counsel

AI extract

appellant
Hotel Sea Palace Kollam
respondent
State of Kerala

Coram

AI extract

Alexander Thomas

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 1 Aug 2022 · August
Registered: 27 Jul 2022
Case no.: WA/954/2022

Similar cases

Judgements on the same questions, provisions and authorities, from every court

Finding judgements on the same questions…

More from Alexander Thomas Shoba Annamma Eapen

Pg Subramanian Vs State of Kerala
26 Jul 2022
Mathew Mathai Vs State of Kerala
25 Jul 2022
Anees C.K Vs Sanal Kumar A.P.
22 Jul 2022
Sabitha Cherian Vs State of Kerala
1 Aug 2022

Cite this judgement

Hotel Sea Palace v. State of Kerala, WA/954/2022 (KL), decided on 1 August 2022.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Alexander Thomas and Shobamma Eapen

Parties & counsel

Outcome

Writ appeal disposed without adjudication on merits; issues left open.

Detailed headnote1 paragraphs

Writ appeal against closure of bar hotel during prohibition. Since interim relief was complied with and ban period ended, no adjudication on merits; issues left open.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, TAXES DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2 COMMISSIONER OF EXCISE OFFICE OF THE EXCISE COMMISSIONER, BAKERY JUNCTION ROAD, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM - 695 033.

3 DEPUTY COMMISSIONER OF EXCISE OFFICE OF THE DEPUTY COMMISSIONER OF EXCISE, RESIDENCY ROAD, CHAMAKKADA, KOLLAM - 691 001.

4 DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION ROAD, KAANKATHU MUKKU, KOLLAM - 691 013.

5 COMMISSIONER OF POLICE (KOLLAM CITY) OFFICE OF THE COMMISSIONER OF POLICE, MUNDAKKAL, KOLLAM - 691 001.

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA No.954/2022

1

ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.

==================

WA No.954/2022

(arising out of the judgment dated 26.07.2022 in WP(C) No.24255/2022)

==================

Dated this the 1^st day of August, 2022

J U D G M E N T

ALEXANDER THOMAS, J.

The subject matter of challenge in the instant intra-court appeal filed under Section 5(1) of the Kerala High Court Act is the judgment rendered on 26.07.2022 by the learned Single Judge, dismissing the instant WP(C) No.24255/2022.

Heard Sri.Thomas Abraham, learned Counsel appearing for the appellant in the WA/petitioner in the WP(C) and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents in the WA/respondents in the WP(C). When the above Writ Appeal had come up for consideration on 27.07.2022, we had passed an interim order on that day in the above Writ Appeal with the finding that the petitioner had made out a strong prima facie case in the matter in the light of the dictum laid down by the Division Bench of this Court as per Exts.P3 judgment dated 16.02.2005 in WP(C) No.5187/2005 as well as in Ext.P6 judgment of the Division Bench

WA No.954/2022

2

rendered on 12.02.2018 in WA No.391/2018, WP(C) No.4147/2018 and WP(C) No.4752/2018. We also noted that the initial rigor of the impugned Ext.P2 ban order dated 20.07.2022, which was for closure of all bars and foreign liquor outlets for the period from 27.07.2022 and 28.07.2022 was modified by the respondent District Magistrate by order dated 7.07.2022, whereby the ban was restricted from only 4 pm on 27.07.2022, upto 2 pm on 28.07.2022. Accordingly we granted interim order directing that the impugned orders will stand modified to the extent of the appellant being permitted to operate his bar hotel upto 10 pm on 27.07.2022 etc. We are now apprised by both sides that the interim order has been complied with by the respondents and that the ban period is also over. Hence, we are of the view that there is no necessity for us to adjudicate this case on merits, except to say that all issues raised and decided in the writ proceedings will stand left open to be raised and decided in other appropriate cases in the manner known to law.

With these observations and directions, the above Writ Appeal will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

sd/-

SHOBA ANNAMMA EAPEN, JUDGE

Nsd

Shobamma Eapen

CNR

KLHC010510002022

Bench

Alexander Thomas Shoba Annamma Eapen

Disposal

DISPOSED OF

The State of Kerala Vs Thomsi.K.a.

2 Aug 2022

Kurian Pallath Vs the Arbitrator/ Assistant Registrar of Co-Operative Societies (G)

3 Aug 2022