P. AJAIKUMAR Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Facts in Brief:

(2.) THIS writ petition calls into question the need for clearing the abkari arrears, including any arrears of tax, as a pre -condition to having a partnership re -constituted for the purpose of carrying on the abkari business.

(3.) WHILE the partnership comprised the father and three sons was continuing, the father died on 21.09.2006; thereafter, the three sons continued their business. Though the remaining partners applied to the abkari authorities for re -constitution of the firm in the face of death of one of the partners, i.e., the father, the authorities, however, through an order dated 28.04.2010, rejected their request. The rejection was on the premise that there were dues of abkari revenue from the firm or the partners, as the case may be. That order was not challenged.