C.P.SANTHA, PRABHA(HOUSE) versus THE EXCISE COMMISSIONER

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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C.P.SANTHA, PRABHA(HOUSE) v. THE EXCISE COMMISSIONER - WP(C) No. 10394 of 2007(K) [2007] RD-KL 6530 (29 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10394 of 2007(K)

1. C.P.SANTHA, PRABHA(HOUSE),
... Petitioner

2. K.G.VIJAYAN, PRABHA(HOUSE),

3. K.G.REETHA, PRABHA(HOUSE),

4. K.G.VISWANATHAN, PRABHA(HOUSE),

Vs

1. THE EXCISE COMMISSIONER,
... Respondent

2. THE ASSISTANT EXCISE COMMISSIONER,

3. K.BALAKRISHNAN NAIR, S/O RAMAN NAIR,

4. SANTHA, W/O K.BALAKRISHNAN NAIR,

5. N.J.FRANCIS, SOORYA BAR AND HOTELS,

For Petitioner :SRI.C.P.MOHAMMED NIAS

For Respondent :SRI.GEORGE POONTHOTTAM

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

Dated :29/03/2007

O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

W.P(C).No.10394 OF 2007

Dated this the 29th day of March, 2007

JUDGMENT

The petitioners and respondents 3 and 4 are parties to A.S.No.546/99 before this Court. That appeal is stated to be one in relation to the partnership between that parties and therefore, any question regarding the assets of those firm or utilisation of the funds of that firm are subjudice in that appeal. The parties will have to seek appropriate remedies from this Court in that appeal.

2. The request of the petitioners in this writ petition is for a direction to the official respondents to hear them also before licence of the 5th respondent is renewed under the Abkari laws. It appears that the 5th respondent is a licensee from 1991 onwards. His right to be a licensee is governed by the Abkari laws, though the right to possess and use the particular premises may be subject to the laws regulating the rights to properties. It may  WPC.10394/07 Page numbers not be, therefore, prudent to direct the official respondents to hear the petitioners also in the matter of renewal of licence of the 5th respondent. In the aforesaid circumstance, this writ petition is dismissed without impairing any right of the petitioners to seek any interlocutory orders in the civil appeal. THOTTATHIL B.RADHAKRISHNAN Judge kkb. 

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