IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 1ST DECEMBER 2006 / 10TH AGRAHAYANA 1928 WP(C).No. 9604 of 2006(R) ------------------------- PETITIONER: ------------ R.PRABHAKARAN, FL-3 LICENSEE, HOTEL SURABHI, KOLLAM. RESIDING AT SURABHI VEEDU, ELAMPALLOOR, KUNDARA, KOLLAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------- 1. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE ASST. EXCISE COMMISSIONER, KOLLAM. 3. I.PHILIP, ISIDORS, SAKTHIKULANGARA, KOLLAM. BY G.P. SRI.P.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 LETTER DT 17.3.06. P2 COMPLAINT GIVEN BY R3 DT 8.3.06. P3 APPLICATION WITH THE ENCLOSURES. P4 STATEMENT OF THE PETITIONER. P5 COMMUNICATION DT 25.3.06 P6 LEASE AGREEMENT DT 21.2.06. P7 COMMUNICATION DT 27.3.06. TRUE COPY P.A. TO JUDGE C.N. RAMACHANDRAN NAIR, J. ```````````````````````````````````````````````````` W.P. (C) No. 9604 OF 2006 R ```````````````````````````````````````````````````` Dated this the 1st day of December, 2006 J U D G M E N T Writ petition was filed for direction to renew FL-3 licence issued to the petitioner. Renewal was withheld on account of sale of bar hotel building by the petitioner. However, based on petitioner's submission that very same building is taken on lease by the petitioner, this court directed renewal of licence pending further orders in writ petition. Since the lessee is also entitled to carry on business in liquor with an FL-3 licence, petitioner is entitled to continue the business as long as lease held is in force and petitioner is really carrying on business. However, it is a matter to be found out by enquiry by respondents 1 and 2 as to whether petitioner is really carrying on business after sale of the hotel building or whether he is a binami for the purchaser of the hotel. The writ petition is closed leaving freedom to respondents 1 and 2 to cancel the licence if at any point of time they find that petitioner is not really carrying on business and any other person is carrying on business with his licence. Interim order will form part of the judgment but subject to above observations and directions. (C.N. RAMACHANDRAN NAIR, JUDGE) aks