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2017 Supreme(Online)(KER) 47623

HIGH COURT OF KERALA
Devan Ramachandran, J
M/S CHERAKULAM TOWER – Appellant
Versus
K T MATHEW – Respondent


J U D G M E N T

The petitioner claims to be a partnership firm registered under the provisions of the Indian Partnership Act, 1932. They have produced on record Ext.P1, which is the Certificate of Registration of the Firm dated 29.05.1995. The petitioner says that as per Ext.P2, the licence applied for by the firm, under the Kerala Abkari Act and Rules thereunder, was issued in the name of the firm and that they were thus entitled to retail in foreign liquor. The controversy erupted when new partners were inducted and disputes began between them. This appears to have lead to various proceedings against the partners inter se, finally leading to the refusal of the Authorities to renew the FL3 licence enjoyed by the firm. The petitioner has, therefore, filed this writ petition seeking inter alia that Ext.P2 licence in the name of Sri.Joseph Joseph, Managing Partner of the Firm, be renewed for the year 2011-12. Ext.P7 order refusing the renewal is also sought to be quashed.

2. I have heard the learned Senior Counsel Sri.Raju Joseph assisted by Sri.Joseph Antony appearing for the petitioner; the learned Senior Government Pleader appearing on behalf of respondents 1 and 2 and Sri.K.R.Avina

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