HIGH COURT OF KERALA
K.M.JOSEPH, A. K. Jayasankaran Nambiar, JJ
KERALA STATE BEVERAGES (MANUFACTURING & MARKETING – Appellant
Versus
THE DEPUTY COMMISSIONER OF EXCISE – Respondent
JUDGMENT
K.M.JOSEPH, J.
Appellant is the writ petitioner. The prayers sought for by the writ petitioner are that:
“i. To call for the records leading to the issuance of Ext.P13 order of the 2nd respondent and quash the same, declaring it as illegal and the one passed in violation of the principle of natural justice.
ii. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent Corporation to consider the application for change of occupancy submitted by the landlord within a time limit processing by this Hon'ble Court.
Iii. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent Corporation to accept the trade license application Ext.P11 and pass appropriate order on the same within a time limit prescribed by this Hon'ble Court.
iv. To declare that the petitioner has already obtained D&O license and there is no need to take a fresh trade license in the new building No.TC 51/2475, as there is already a deemed license.”
2. Briefly put, the case of the appellant is as follows:
The appellant herein is the Kerala State Beverages (M &
M) Corporation (hereinafter called as 'KSBC'). The KSBC is grante
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