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2015 Supreme(Ker) 1660

DAMA SESHADRI NAIDU
George Joseph – Appellant
Versus
Commissioner of Excise – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:K. Ramakumar (Sr. Advocate), S.M. Prasanth, C. Dinesh & G. Renjith
For the Respondents:C.C. Thomas (Sr. Advocate), M.G. Karthikeyan & K.C. Vincent (Sr. Government Pleader)

JUDGMENT :

1. A partnership firm, having a hotel, was given Ext.P5 provisional FL-11 licence to have a Beer & Wine Parlour. One of the partners, whose claim to be the Managing Partner is contested, filed W.P. (C) No.19121 of 2015 assailing Ext.P5 provisional licence. He obtained an order of status quo. The Commissioner of Excise, pending the said writ petition, in compliance with the direction of this Court in a writ appeal arising out of another writ petition, heard the rival claimants and recalled Ext.P5 provisional licence through Ext.P8.

2. Impugning Ext.P8 order of the Excise Commissioner, the partnership firm, represented by another Managing Partner, filed W.P. (C) No.30282 of 2015 arraying the petitioner in W.P. (C) No.19121 of 2014 as the 4th respondent. Since both the writ petitions raise the same issue involving the same parties on either side, this Court-disposes of both the writ petitions through a common judgment. For the narrative purpose, the facts and the documents from W.P. (C) No.30282 of 2015 are taken as the basis.

3. Briefly stated, as pleaded in W.P.(C) No. 30282 of 2015, the petitioner firm initially had a bar licence beginning from 1986 under Rule 13(3) of the






















































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