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M/S.MERCY TOURIST HOME, M.G.ROAD versus THE EXCISE COMMISSIONER

High Court of Kerala

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M/S.MERCY TOURIST HOME, M.G.ROAD v. THE EXCISE COMMISSIONER - WP(C) No. 12284 of 2007(K) [2007] RD-KL 7411 (10 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 12284 of 2007(K)

1. M/S.MERCY TOURIST HOME, M.G.ROAD,
... Petitioner

Vs

1. THE EXCISE COMMISSIONER,
... Respondent

2. THE ASST. EXCISE COMMISSIONER,

3. THE CIRCLE INSPECTOR OF EXCISE,

For Petitioner :SRI.C.C.THOMAS

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :10/04/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO.12284 OF 2007

DATED THIS THE 10th DAY OF APRIL, 2007



JUDGMENT

The petitioner has applied for shifting of his FL-3 licence from the present building to a proposed building within the same town which according to the petitioner is permissible under Rule 24 of the Foreign Liquor Rules. The petitioner's grievance is that although he understands that the application is recommended by the lower authorities, respondents 2 and 3, the 1st respondent is not passing orders on Ext.P1. The petitioner therefore seeks a direction to the 1st respondent to consider and pass appropriate orders on Ext.P1 expeditiously.

2. I have heard the learned counsel for the petitioner as also the learned Government pleader. In the facts and circumstances of the case, there would be a direction to the 1st respondent to consider and pass appropriate orders in accordance with law on Ext.P1 as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. I make it clear that I have not considered the matter on merits regarding the eligibility of the petitioner for such shifting of licence and it is entirely for the 1st W.P.(c)12284/07 2 respondent to decide the matter in accordance with law. The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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