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2025 Supreme(Online)(Ker) 13099

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
P.V. ISSAC – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
JOSEPH GEORGE, P.A. REJIMON, NIKITA NAIR, C.S. VIVEKJOS PUTHUKULANGARA, SAJEEV JOHN T., MAHIMA MERINE, M. DEVESH, T. KRISHNANUNNI, M. ANUROOP, MURSHID ALI

JUDGMENT :

(MOHAMMED NIAS C.P., J.)

The petitioner claims to be one of the partners of M/s Deepa Restaurant and Tourist Home, Cherpulaserry. The petitioner contends that the partnership firm was reconstituted on 06.06.2016, in which the petitioner was shown as the 11th partner. The petitioner submits that there have been subsequent reconstitutions, and the same was not intimated before the Commissioner of Excise as required under the provisions of the Kerala Abkari Act and Rules, and therefore, there is a statutory violation in renewing the licence in favour of the firm. The petitioner contends that the FL-3 licence was granted to the partnership firm without considering his valid objections.

2. Upon admission of the writ petition, an interim order was passed on 28.03.2025 directing the licence of the 5th respondent firm to be renewed provisionally for a period of three months, subject to further orders to be passed by this Court. It was also made clear that the 5th respondent was to remit the entire licence fee for the Abkari year till 31.03.2026. The petitioner has produced Ext.P18 along with I.A. No. 1 of 202,5, which was issued based on a complaint preferred by him wherein recom

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