STATE OF KERALA Vs. ABDULLA KUNHI

JUDGEMENT

(1.) Heard Advocate General, Mr. M. K. Damodaran, for the appellants and Mr. C.C. Thomas for the respondent.

(2.) The above Writ Appeal has been filed against the judgment of K. S. Radhakrishnan, J. in OP. 10183 of 1998 dated 12-6-1998. Respondent herein, as petitioner in the Original Petition, filed the said OP praying to call for the records leading to Ext. P3 and quashing the same; for a mandamus directing the Assistant Excise Commissioner, Ernakulam to renew Ext. P1 licence forthwith and to declare that the respondent is entitled to get his licence renewed as per Ext. P2 application and for other reliefs. Respondent is the managing partner of the firm M/s. Seven Stars, Periyar Hotel, Aluva which firm was issued with an FL - 3 licence under the Foreign Liquor Rules (for short 'the Rules') in order to conduct a Bar Hotel at Periyar Hotel, Aluva by order dated 30-6-1990. A copy of the said licence is produced and marked as Ext. P1. Subsequently the licence was transferred into the name of the respondent by order dated 15-2-1995. The fact of transfer is endorsed in Ext. P1 licence and the respondent conducted the business upto 31-3-1995. The business become defunct from 1-4-1996 and, therefore, the licence was not renewed due to financial difficulties and also personal inconvenience of the partners.

(3.) The respondent submitted Ext. P2 application dated 16-4-1998 to the Assistant Excise Commissioner to renew Ext. P1 licence. The said application was recommended and forwarded by all the authorities, namely, appellants 4 to 6 and placed before the Excise Commissioner for necessary orders. The Excise Commissioner, by Ext. P3 order dated 30-5-1998, rejected Ext. P2 application. Ext. P3 reads as follows: