IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 23RD MAY 2011 / 2ND JYAIHTA 1933 WA.No. 545 of 2011() -------------------- AGAINST THE ORDER IN WPC.7219/2011 .................... APPELLANT(S): 4TH RESPONDENT ---------------------------- S.MURUGAR SELVI, W/O.LATE E.SATHEESH KUMAR, 144-145, DPF STREET, PAPPANAICKENPALAYAM, COIMBATORE-37, TAMIL NADU. BY ADV. SRI.P.K.ANIL RESPONDENT(S): PETITIONER AND RESPONDENTS 1-3 AND 5 --------------------------------------------------- 1. M/S. ARAMANA BAR AND RESTAURANT, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER, SMT.OMANA ASOKAN, W/O.ASOKAN, PIN-680001. 2. STATE OF KERALA REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. EXICE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-695001. 4. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR-680001. 5. T.K.SAJEEVAN, S/O.LATE KRISHNAN, THASHNAT HOUSE, CHENTRAPPINNI, THRISSUR-680523. R1 BY ADV.SRI.M.G.KARTHIKEYAN R2 TO R4 BY SR. GOVT.PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & Antony Dominic, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 545 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of May, 2011 JUDGMENT Antony Dominic, J. The 1st respondent herein filed the writ petition challenging Ext.P10 order issued by the official respondents cancelling Ext.P1 order permitting the re-constitution of a Partnership firm in exercise of the powers conferred under the provisions of the Abkari Act and the rules framed thereunder. In the writ petition a learned Single Judge of this Court passed an interim order dated 08.03.2011, directing that Ext.P10 shall not stand in the way of the continuation of the functioning of the FL-3 licence granted in favour of the 1st respondent. That order was extended thereafter and is valid till the end of May 2011 and the writ petition itself is posted to 24.05.2011. It is against the aforesaid order, the writ appeal is filed. From the above itself, it is evident that the impugned one is purely an interlocutory order and is a time bound one also. If aggrieved, the remedy of the appellant is to WA No. 545 of 2011 -:2:- seek variation/vacation of the said order before the learned Single Judge itself. Therefore, we do not see any reason to interfere with the order under appeal and the appeal is dismissed. J.Chelameswar, Chief Justice. Antony Dominic, Judge. ttb