IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 3778 of 2008(Y) ------------------------------------ PETITIONER: ------------ ------ TRAVANCORE CLUB, PERUMTHURUTHY P.O., THIRUVALLA-689 107, PATHANAMTHITTA DISTRICT, REPRESENTED BY ITS PRESIDENT, SRI. GEORGE JOHN, AGED 70 YEARS, S/O. LATE JOHN. BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENTS: ----------------------- 1. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE ASST. EXCISE COMMISSIONER, PATHANAMTHITTA. 3. THE CIRCLE INSPECTOR OF EXCISE, THIRUVALLA, PATHANAMTHITTA DISTRICT. 4. STATE OF KERALA, REPRESENTED BY SECRETARY, TAXES (A) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. BY SR GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3778/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE FL-4A LICENSE NO.PTA-1, ISSUED BY THE IST RESPONDENT TO THE PETITIONER CLUB , DT. 8.2.06. EXT.P2:- COPY OF THE MINUTES OF THE MEETING DT. 5.10.06 TAKEN BY THE PETITIONER CLUB. EXT.P3:- COPY OF THE APPLICATION DT. 28.10.06 SENT TO THE SIT RESPONDENT THROUGH THE 3RD RESPONDENT. EXT.P4:- COPY OF THE LETTER DT. 19.2.07 SENT TO THE IST RESPONDENT THROUGH THE 3RD RESPONDENT. EXT.P5:- COPY OF THE AFFIDAVIT DT. 3.3.07 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P6:- COPY OF THE JUDGMENT DT. 29.10.07 IN WPC. NO.31806/07 PASSED BY THIS HONOURABLE COURT. EXT.P7:- COPY OF THE ORDER NO.XC7-30255/07 DT. 7.1.08 PASSED BY THE SIT RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.3778 OF 2008 ------------------------------------------- Dated this the 7th day of April, 2008 JUDGMENT Petitioner is a Club. There is an FL-4-A licence issued in the name of M.V.Francis Oommen, President, Travancore Club, Thiruvalla. According to the petitioner, that is a licence sanctioned in the name of the petitioner Club and issued in the name of its then president. That there was a sanctioned order in favour of Travancore Club, Thiruvalla is available from the manuscript endorsement at the top of Ext.P1 licence. Whatever that be, issuance can be only in the name of an individual on behalf of any institution, if at all. Therefore, with the change of the elected office bearers, all that the petitioner could aspire is to have the licence issued in the name of its present president, stated to be Sri.K.George John, whose affidavit is Ext.P5. Under such circumstances, it is directed that Ext.P1 permit shall be renewed by showing Sri.K.George John, whose affidavit is Ext.P5, as the grantee of the licence, instead of Sri.M.V.Francis Oommen, though the address may be shown as President, WPC.3778/08 2 Travancore Club, Thiruvalla. If this methodology is followed, the licence would stand issued in the name of individuals and the benefit enjoyed by the Club. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.