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2009 Supreme(Ker) 571

B.RADHAKRISHNAN
Banerji Memorial Club – Appellant
Versus
The Deputy Commissioner Of Excise – Respondent


Advocates Appeared:For the Petitioner:K.P. Dandapani (Sr), Advocate. For The Respondents:Ranjith Thampan, Addl. Advocate Gener.

Judgment :

Heard the learned counsel appearing for the petitioner and learned Additional Advocate General on behalf of the respondents.

2. The petitioner is a club. It was issued a license in terms of Rule 13(4A) of the Foreign Liquor Rules. With the passage of time, it appears that controversies arose as to whether the land and building held by the club belongs to it. After statutory proceedings, the parties reached this court. The contentions of the club were repelled by this court in Ext.R1(b) judgment, essentially holding that the club could not claim title or right to be in possession of the land in question. This court therefore refused to interfere with the proceedings initiated under the Land Conservancy Act. That matter is pending, at the instance of the club, in W.A.2423 of 2008. Clarifying Ext.P2 interlocutory order in that appeal, Ext.P3 was issued granting stay of dispossession, however that continuance in possession should be otherwise in accordance with law. I note those interim orders only to assure that by the force of that protective order, the club continues to be in possession and is not to be dispossessed by the statutory authorities under the Land Conservancy A







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