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2026 Supreme(Online)(Ker) 12143

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
HOTEL KAVALA CASTLE, PARAVOOR KAVALA, THOTTAKKATTUKARA, ALUVA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 5509 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.THOMAS ABRAHAM, SMT.MERCIAMMA MATHEW, SRI.ASWIN.P.JOHN, SHRI.R.ANANTHAPADMANABAN, SHRI.PAUL BABY, SMT.SWATHY A.P., SMT.FOUSIYA R, SMT.THARA ELIZABETH THOMAS
For the Respondents: SMT. DEVI SHRI R., GP.

Adherence to legal precedents is critical in determining the legality of closure orders under Section 54 of the Kerala Abkari Act.

Headnote:The court analyzed the provisions under Section 54 of the Kerala Abkari Act in the context of the writ petition by various hotels seeking relief from closure orders during the 'Sivarathri' festival. The court found no justification for the continued proceedings against the petitioners. The main issue concerned the legality of actions taken by the authorities, framed by the court as whether such actions were compliant with prior judgments and directives. The court emphasized adherence to legal precedents and principles governing the issuance of closure orders. Consequently, the writ petition was deemed closed as infructuous due to the interim order having settled the matter.

Table of Content
1. petitioners seek relief from closure orders. (Para 1)
2. court recognizes interim order makes petition moot. (Para 2)

JUDGMENT

The writ petition is filed with the following prayers.

“(i) issue a writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 to 4 not to include the petitioners viz. fil Hotel Kavala Castle, Paravoor Kavala, Thottakkattukara, Aluva 683101 (ii) Hotel Navarathna, NH Byepass, Aluva, 683101, (iii) Hotel Seven Stars, Hotel Periyar Complex, Aluva 683101 (iv) City Inn Hotel, E05, Bank Road, Aluva 683101 and (v) Manjooran Tourist Home, Aluva 683101 in any order passed under Section 54 of the Kerala Abkari Act directing closure in connection with the conduct of 'Sivarathri' festival at Sree Mahadeva Temple, Manappuram, Aluva on 14/2/2026 and 15/2/2026;

ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 4th 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 order under Section 54 of the Act against the petitioners'

hotels;

Petitioner prays that this Hon'ble Court maybe pleased to dispense with the translation of the documents produced in the vernacular;

and iv) 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 13th February

2026, staying the operation and enforcement of the proceedings dated 13.02.2026 bearing No.DCKM/1566/2023-M2 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/-

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