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2011 Supreme(Ker) 328

C.T.RAVIKUMAR
Donnie J. M. Philip – Appellant
Versus
State Of Kerala Rep. by Secretary – Respondent


Advocates Appeared:
For the Petitioner:C.C.Thomas (Sr.). Advocate.
For The Respondents:K.Ramakumar (Sr.) Advocate.

JUDGMENT

1. The challenge in this writ petition is against Ext.P12 order of the second respondent whereby Ext.P1 licence has been suspended till the disputes between the partners are settled and reported. The further prayers are for a declaration that the petitioner is entitled to conduct FL-3 No.19/Tvpm on the strength of Ext.P1 licence as his own licence and to issue a writ of mandamus commanding respondents 1 to 4 to pay the damages sustaining to the petitioner due to the closure of the bar in pursuance to Ext.P12 from 1.1.2011.

2. According to the petitioner, Ext.P1 licence was issued in the name of his father late Sri.M.P.Philip. Obviously, it was issued in terms of Rule 13(3) of the Foreign Liquor Rules to Sri.M.P.Philip, Manager, National Tourist Home. It is the contention of the petitioner that Ext.P1 was issued to his father late Sri.M.P.Philip in his personal capacity and it is not a licence granted and issued to a partnership firm. After the death of Sri.M.P.Philip the licence was transferred provisionally to his wife and sons and then as per Ext.P2 it stood transferred in the name of the petitioner. Admittedly, it was renewed up to 31.3.2011.

In the year 2008-2009 respo
















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