IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WA.No. 1184 of 2008() ----------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28776/2007 Dated 24/10/2007 .................... APPELLANT(S): ----------------------- 1. STATE OF KERALA REP.BY THE SECRETARY, TAXES (A) DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE,THIRUVANANTHAPURAM. 3. ASSISTANT EXCISE COMMISSIONER, PATHANAMTHITTA. BY ADVOCATE GENERAL MR.C.P.SUDHAKARA PRASAD BY GOVERNMENT PLEADER MR./K.V.MANOJ KUMAR RESPONDENT(S): PETITIONER & RESPONDENT IN THE WPC. ------------------------ RADHAMANI P.,PROPRIETRESS, HOTEL SARATHY,ARATTUPUZHA, CHENGANNUR,PATHANAMTHITTA DISTRICT. ADV. MR.A.SUDHI VASUDEVAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.BALAKRISHNAN NAIR, P.N.RAVINDRAN & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------- W.A.No.1184 of 2008 ---------------------------------------- Dated 3rd March, 2010 JUDGMENT Balakrishnan Nair, J. In view of the judgment of the Full Bench in W.A.No.544 of 2008, the direction of the learned Single Judge in the judgment under appeal, to consider the application for FL-3 licence in accordance with the law, prevailing on the date of submission of the application, cannot be sustained. Accordingly, the Writ Appeal is allowed. The judgment under appeal is reversed and the Writ Petition is dismissed. K.BALAKRISHNAN NAIR Judge P.N.RAVINDRAN Judge S.S.SATHEESACHANDRAN Judge TKS