IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10385 of 2008(J) -------------------------- PETITIONERS: -------------- 1. M/S.SURYA TOWERS, ANGAMALY, ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, SRI.STANLY A.ANTONY. 2. RACHANA HOTELS, VARANDARAPPILLY, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, SRI.STANLY A.ANTONY. 3. THE HOTEL WAYLORD PVT. LTD., THIROOR, THRISSUR DISTRICT, REP. BY ITS MANAGING DIRECTOR, SRI. STANLY A.ANTONY. 4. HOTEL KAIRALI, KODUNGALLUR, THRISSUR DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, SRI.SHAJU A.ANTONY. 5. M/S.VEMBANAD LAKE RESORTS, KODIMATHA, KOTTAYAM DISTRICT, REPRESENTED BY ITS MANAGING PARTNER,SRI.STANLY A.ANTONY. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ASST. EXCISE COMMISSIONER, ERNAKULAM. 4. THE ASST. EXCISE COMMISSIONER, THRISSUR. 5. THE ASST. EXCISE COMMISSIONER, KOTTAYAM. BY SR.GOVT.PLEADER SRI.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.10385 of 2008-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of March, 2008. JUDGMENT 1.Heard the learned senior counsel for the petitioners and the Senior Government Pleader for the respondents. 2.Without expressing anything on merits, this writ petition is disposed of directing that insistence on remittance from the petitioners shall be only as against any due outstanding from them personally, including from the partners or directors of any firm or company involved among the petitioners. If at all any of them is a legal representative of any deceased licensee, contribution by the petitioners cannot be insisted, though action can proceed with against the estate of such deceased person for recovery WP(C)10385/2008 -: 2 :- of outstanding due. However, that cannot be made a precedent for renewal of FL3 licence. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/