IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 9872 of 2008(A) ------------------------- PETITIONER: ------------ 1. P.VENUGOPAL, PARTNER, "DEEPA BAR", TC.29/993, NATIONAL TOURIST HOME, OVERBRIDGE JUNCTION, M.G.ROAD, TRIVANDRUM. 2. V. JAYARAJAN, PARTNER, -DO-. BY ADV. SRI.T.G.RAJENDRAN SMT.P.DEEPTHI RESPONDENTS: ------------- 1. M.P. PHILIP, PARTNER, "DEEPA BAR", TC.29/993, NATIONAL TOURIST HOME, OVERBRIDGE JUNCTION, M.G.ROAD, TRIVANDRUM. 2. EXCISE COMMISSIONER, TRIVANDRUM. 3. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY SHRI.A.J.VARGHESE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.9872 OF 2008 ---------------------------------------- Dated this the 27th day of March, 2008 JUDGMENT The petitioners and the 1st respondent are partners of a firm, which runs a tourist home by name 'National Tourist home'. According to them, in that tourist home, a bar is being conducted, the licence for which, according to them, is in favour of the firm, although it is in the name of the 1st respondent. There were difference of opinion between the petitioners and the 1st respondent in the matter, which led to civil suits. When the 1st respondent applied for renewal of the bar licence, for the year 2008-09, the petitioners, who are the partners of the firm, objected to renewal of the licence. The petitioners would contend that the fact that bar is run on behalf of the firm is evident from Ext.P6 letter from the 1st respondent to the 1st petitioner. The petitioners have filed Ext.P5 representation before the 2nd respondent in the matter. The petitioners now seek consideration of Ext.P5 by the 2nd respondent at the time of considering renewal application filed by the 1st respondent. W.P.(c)No.9872/08 2 2. In the nature of the order I propose to pass I do not think it necessary to issue notice to the 1st respondent at this juncture. 3. I have heard the learned Government pleader also. In the facts and circumstances of the case, I direct the 2nd respondent to consider Ext.P5 representation filed by the petitioners also while passing orders on the renewal application submitted by the 1st respondent for renewal of the bar licence of 'Deepa Bar'. The petitioners shall forward a copy of the writ petition along with a certified copy of this judgment to the 2nd respondent for compliance. Both the petitioners and the 1st respondent shall be afforded an opportunity of being heard. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.9872/08 3