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2026 Supreme(Online)(Ker) 12145

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
K.T. SOMAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 5665 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: SRI. P.S. APPU

A writ petition becomes infructuous when the interim orders rendered the matter moot.

Headnote:The petitioners sought a writ of mandamus against the respondents under the Kerala Abkari Act to prevent closure of their Toddy Shops during the Sivarathri festival. The court noted that an interim order had been granted earlier, rendering the petition moot. Consequently, the court held that the petition was closed as infructuous.

Table of Content
1. writ petition filed for mandamus relief. (Para 1)
2. interim order rendered the case 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' Toddy Shops in Aluva Range viz. (i) T.S.No.7, Group-02, Thottakkattukara, and (ii) T.S No. 19, Group No.06, in Aluva Town in any order passed under Section 54 of the Kerala Abkari Act directing closure in connection with the conduct of Sivarathri festival at Sree Mahadev Temp Manappuram, Aluva on 14/2/2026 and 15/2/2026;

(ii) issue a writ of mandamus or any other appropriate order or direction commanding the 4th respondent to act strictly in accordance with the directions in Exhibits P P5, P7 and P8 judgments as well as Exhibit P6 circular in the matter of the issuance of any order under Section 54 of the Act against the petitioners' establishments;

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

iv) grant ant 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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