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GOPINATH P.
Ramavarma Club – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Petitioner is a Club which was constituted as a Society under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. According to the petitioner it is started functioning in the year 1897. The petitioner has approached this court challenging Ext.P6 which is an order issued by the Deputy Excise Commissioner (Abkari) refusing to change/substitute name of the Secretary of the Club in the licence issued to the petitioner under Rule 13 (4A) of the Foreign Liquor Rules 1974. (Licence in Form FL-4A) The Deputy Excise Commissioner through Ext.P6 demanded payment of Rs.2,00,000/-in terms of the provisions contained in Rule 19 (iv) of the Foreign Liquor Rules, 1974, for the same.
2. The learned counsel for the petitioner would submit that the issue is squarely covered in favour of the petitioner by a Division Bench decision of this court in State of Kerala and others v. Cochin Gymkhana Club; 2016 (3) KLT 55, wherein it was held that when office bearers of a Club which is registered as a society changes from time to time it cannot be said that there is a change in the identity of the licencee attracting the demand for fee under Rule 19 (iv) of the
A change in the name of the office bearers of a club in the licence does not amount to change the identity of the licensee, and therefore the fees stipulated by the provisions of Rule 19 (iv) of the ....
The main legal point established in the judgment is that the demands for payment of certain fees as per the Second Proviso to Rule 19(4) of the Foreign Liquor Rules in the impugned orders were declar....
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