SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The validity of recently introduced Rule 35(22) of the Kerala Manufacture and Sale of Stamp Rules, 1960 is under challenge in these cases. The said Rule reads as follows:

(2.) Appellant is the writ petitioner. The writ petition was filed mainly with the following prayer:

(3.) The learned Single Judge declined to grant the relief. It was held that any claim for appointment by a legal heir made subsequent to the introduction of Ext.P1 Rules has to be dealt with in the light of the amended Rules. In that case the original licensee expired on 11.12.2008, after crossing the age of 65 years. Therefore, the application filed by the petitioner in his capacity as legal heir was rejected. It was further held by the learned Single Judge that the Sub-rule (22) quoted above has been introduced as a concession extended to the legal heirs of the licensee who had not attained the age of 65 and therefore, it is for the Government to fix such a condition.