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2017 Supreme(Ker) 1133

K.SURENDRA MOHAN, MARY JOSEPH
State of Kerala – Appellant
Versus
Polsons Distillery – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. V. Manu
For the Respondent: Sri. C.C. Thomas, Sri. M.G. Karthikeyan, Sri. Nireesh Mathew

JUDGMENT :

Surendra Mohan, J.

The State is in appeal against the judgment of the learned Single Judge dated 3.6.2016 in W.P.(C) No. 21351 of 2005 allowing the writ petition. The writ petitioner is the respondent herein.

2. The respondent is conducting a distillery manufacturing Indian made foreign liquor. The distillery has been granted necessary licenses under the Abkari Act and the Rules thereunder. It is stated that the distillery has been conducting its operations from 1973 onwards. The present dispute arose when the Managing Partner of the partnership firm that is conducting the distillery expired and an application was made for substituting the new Managing Partner who had taken charge after reconstitution of the firm. Thereupon, the Excise Commissioner insisted on payment of additional security under Rule 27 of the Kerala Distillery and Warehouse Rules, 1968 (hereinafter referred to as 'the Rules' for short) as per Ext. P10 order. Accordingly, the security amount was fixed at Rs. 20,00,000/-. According to the counsel for the respondent, the security already furnished by the firm is Rs. 50,000/-.

3. Ext.P10 was the subject matter of challenge before this Court in W.P.(C) No. 1023













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