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2019 Supreme(Online)(KER) 17697

HIGH COURT OF KERALA
C.T.RAVIKUMAR, N. NAGARESH, JJ
HOTEL CHEMBARATHI GARDEN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.GEORGE MATHEW SRI.M.D.SASIKUMARAN SRI.S.PRAVEEN SHRI.SUNIL KUMAR A.G SRI.DIPU JAMES SRI.MATHEW K.T.

JUDGMENT

Dated this the 22nd day of November 2019 Ravikumar, J The captioned intra-court appeal is filed against an order dated 29.08.2019 passed in WP(C)No.22904/2019 which, in turn, has been filed seeking quashment of Ext.P13 and consequential declaration that the appellants/the petitioners are not liable to remit the fine of Rs.3 lakhs imposed under Section 67(2) of the Kerala Abkari Act and fee of Rs.20 lakhs levied under Rule 19(iii) of the Foreign Liquor Rules, 1953 for regularising the reconstitution of the partnership firm-Hotel CHEMBARATHI Garden. Issuance of writ of mandamus commanding respondents to consider and pass orders on the applications filed by the petitioners for FL-3 licence without insisting payments claimed through Ext.P13, is also sought for. The petitioners in the said writ petition are the appellants. When the appeal was taken up for consdieration, upon finding prima facie that the issue involved thereunder is squarely covered by a decision rendered by us in WA No.1551/2018 dated 03.07.2019 and taking note of the fact that if in the light of the said judgment the impugned interim order is interfered with, then nothing would perhaps survive for further consi

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