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2016 Supreme(Ker) 329

K.SURENDRA MOHAN, P.V.ASHA
STATE OF KERALA – Appellant
Versus
COCHIN GYMKHANA CLUB TOC-H NAGAR, VYTTILA – Respondent


Advocates Appeared:
For the Appellant : SRI.K.C.VINCENT, SR. GOVERNMENT PLEADER
For the Respondent: SRI.M.G.KARTHIKEYAN

JUDGMENT :

Surendra Mohan, J.

Both these writ appeals challenge separate judgments of the learned single Judge in two writ petitions filed in identical circumstances. Since the question that arises for decision is common, both these appeals are considered together and disposed of by this common judgment.

2. The respondents in both these cases are Clubs. Licenses have been issued to them by the 2nd respondent under Rule 13 (4A) of the Foreign Liquor Rules (hereinafter referred to as "the Rules" for short). The licenses entitle the Clubs to vent liquor to the members of the Clubs, for consumption within their respective premises. In both the cases, requests were made for change of name of the functionaries of the respective Clubs in whose names the licenses had been issued. The change was necessitated by virtue of the change in the functionaries that had taken place at the organisational level of the Clubs. The dispute arose when the 2nd respondent insisted on payment of the fee that is stipulated by rule 19(iv) of the Rules. According to the respondents in both these appeals, substitution of the names of new functionaries who had taken charge, would not attract the fee that is stipulat
























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