IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 W.A. No. 519 of 2001(B) ---------------------------------- (against judt. dt. 18.10.2000 in O.P. No.8136 of 1994) APPELLANT(S)/RESPONDENTS: --------------------- 1. STATE OF KERALA. 2. THE BOARD OF REVENUE (EXCISE), TRIVANDRUM. 3. THE ASSISTANT EXCISE COMMISSIONER, THRISSUR. 4. THE EXCISE INSPECTOR, IRINJALAKUDA RANGE, IRINJALAKUDA. BY GOVERNMENT PLEADER SMT. R. BINDU. RESPONDENT(S)/PETITIONER: ----------------------- JOSEPH JOSEPH, MULLAKARIYIL HOUSE, VALLIYAMATTOM P.O., THODUPUZHA. BY ADV. SRI.RAJU JOSEPH. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01/10/2009, ALONGWITH W.A.No.579/01 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P. BHAVADASAN, JJ. ------------------------------ W.A. Nos.519, 579, 680, 2943 and 3157 of 2001 ------------------------------ Dated this, the 1st day of October, 2009 JUDGMENT Balakrishnan Nair, J. These appeals are preferred against the common judgment of the learned Single Judge, wherein it was held that the Government could recover from the licensees only the actual loss suffered by it for the period the arrack shops were departmentally managed because of the failure of the licensees to run them and remit the kist. The learned Single Judge rendered the decision relying on a Division Bench judgment of this Court. Now, it is common ground, the appeal filed against that Division Bench judgment has already been dismissed by the Apex Court. In view of the above position, there is no merit in these appeal. Accordingly, they are dismissed. Sd/- K. Balakrishnan Nair, Judge. Sd/- P. Bhavadasan, Judge. DK. (True copy)