1. The petitioner, His Grace Planet Group, operates a hotel and had obtained an FL-3 liquor license that was renewed on 30/12/2010.
2. Without notice, the license was suspended by order Ext. P9 based on representations questioning the correctness of earlier findings.
3. Prima facie, the court is inclined to think Ext. P9 is unsustainable and has stayed it for 2 months. Respondents must file a counter affidavit.
1. IN THE HIGH COURT OFKERALA AT ERNNCUL1IM
Pre:sent :
THE HON'BLE MR. JUSTICE ANTONY DOMINIC
Monday ~he 27th day of September 2010/5TH ASWINA 1932
WP(C);No. 29745/2010 {PI
HI S. f'lJNET· GROUP (HOTEL PALACE INN.) ANGAMALLY I E~.lKUI.JM, REP. BY
ITS MANAGING PARTNER, SRI. SHAJAN AN~ONY.
"' ~J
RESPONDENT I
1. STATE OF KERALA, REP. BY ITS~TARY TO GOVERNMENT, DEPARTMENT
OF TAXES, THIRUVANANTHAI'URAM ••.
2. THE EXCISE ~~MMrSSIONER, COMMISSIONER OF EXCISE,
THIRUVANANTHAPURAM.
3. THE DEPUTY COMMISSIONER OF EXCISE, ERNAKULAM.
4• ANGAMALY TOWN BRETHREN ASS EMBLY HALL, REP. BY E. M. POULOSE,
EDACHERIL HOUSE, ANGAMALY, ERNAKtJLAM.
K. V. VARGHESE, KOORANPLANKUDY, KALIUPALAM ROAD, ANGAM;ALY,
ERNAKULAM.
Writ Petition praying in~er alia that in the circ~~ance8 stated
in the affidavit filed along with the WP(C) the Hi9h Court be pleased
~o stay all further proceedings in pursuant to Ext.P9 pending disposal
of this writ petition. .
This petition coming on for orders upon perusing the petition
and the affidavit filed in support of the WP(C) and upon hearing the
argU11len2_~~_:?R:.
BENNlr ANTONY PAREL Advocate for the petitioner and I
of Mr. S~HAVAN, Advocate for R4 and R5, the court passed the
following
2. ;,t:
Sri. S~thuRladhavantakes nob.:i&e [c,r R4 and RS. Notice to oth.~:!t.
PurS1lant to the direction in:'txtP7 jUdgment, Ext. PB ord~J.: Has.
passed by the first r~.sP'=>ndent ~V612010, holding that ~
on t>lll
res}-'Ondent is not a church as defiijed und~r the FpreVJn Liquor Rules.
On that basJ.s atter cOfItpleting all 'formalities, F~-j licenc'3> is~ued tc·
the petitioner was ren.wed ,on 3Dl,~,l2uIO. Ho~ver,~ without. issuing even
a m:tice to'the P?'tititner, the.l'iEence is,,n7uspen.'<:ied by Ext. P'9 _order,
act:wg upon certa~n r"presentatJ.onlt que='t~g the correctnes~ ?t, the
, findings in ~x~.P,8 andY,?fi t,he 9~dU.-~.d t,hat:"... vi:w.take~ il.1 Ext,.P8 bas
hurt the re11.9J.ou5sentJJllents or some pepp e. Pruua tac1e,,I anl
inclined to thihk that'Ext.P9 iSu!)susUiinable. The,f:etore £Kt.P9 will
stand stay.d for a ~.r:ioo of 2 mont;:hs. ,..•• ,: (
. P.espt:>ndents t.. file
O Gount~r ~,f.'avit. P03t. iIrl1'ltediat.;:>lyaft""!
service is completed. A '
ANTONY j)()MINIC
JUDGE
~k
ASSlSTANT~'R
V
Ext.Ph Tru~ copy of the Judgment 29167/09 dt . .23IL,' 10
Ext-FB: True copy of the order GO(Rt!No.542/2010/TD dt.24/6/l1J.
Ext.P9: True copy of tne order C,o(Rt)No.801;2D10JTD dt.2Si9/10.