IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 11150 of 2007(B) -------------------------- PETITIONER(S): --------------- 1. K.V.LATHA, W/O.RAJAN, NJALUPPADY HOUSE, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM DISTRICT. 2. K.G.SHEERO, D/O.GANGADHARAN, KUMPLAPARAMBIL HOUSE, EDATHIRUTHY, THRISSUR DISTRICT. BY ADV. SRI.T.A.SHAJI RESPONDENT(S): --------------- 1. THE ASSISTANT EXCISE COMMISSIONER, THRISSUR. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.SUDHA DEVI FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: COPY OF PARTNERSHIP DEED AS RECONSTITUTED ON 1.8.1991. EXHIBIT P2: COPY OF FLE LICENCE NO.TSR-22 OF M/S.VRINDARA TOURIST HOME. EXHIBIT P3: COPY OF COMMUNICATION DATED 31.3.2005 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4: COPY OF COMMUNICATION DATED 30.3.2005 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5: COPY OF APPLICATION DATED 9.12.2005 FILED BY THE PETITIONERS. EXHIBIT P6: COPY OF ORDER NO.XC6-34451/05 DATED 19.1.2006 OF THE 2ND RESPONDENT. EXHIBIT P7: COPY OF JUDGMENT DATED 2.8.2006 IN W.P(C).NO.5135/2006 OF THIS HON'BLE COURT. EXHIBIT P8: COPY OF JUDGMENT DATED 2.8.2006 IN W.P(C).11181/2005 OF THIS HON'BLE COURT. EXHIBIT P9: COPY OF COMMUNICATION DATED 19.3.2007 GIVEN TO THE 1ST PETITIONER. EXHIBIT P10: COPY OF COMMUNICATION DATED 19.3.2007 GIVEN TO THE 2ND PETITIONER. EXHIBIT P11: COPY OF COMMUNICATION DATED 19.3.2007 GIVEN TO SRI.K.V.ARAVINDAN. /TRUE COPY/ PS TO JUDGE P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.P(C).No. 11150 of 2007 ---------------------------------------------- Dated this the 22nd day of September, 2011 JUDGMENT The petitioners approached this Court with the prayers as follows: “i. issue a writ of certiorari quashing the originals of the Exts.P6 and P9 to P11; ii. issue a writ of mandamus or any other writ, order or direction commanding the respondents to consider the request for reconstitution of the partnership firm with the FL-3 licence No.TSR. 22 of Vrindara Tourist Home, Edamuttam de hors the proviso to Rules 13B (3), as well as Rule 13C of the Foreign Liquor Rules to the extent it provides that no reconstitution of the partnership will be allowed if any of the partners is an Abkari defaulter; iii. Declare that the proviso to Rule 13B(3) of the Foreign Liquor Rules is arbitrary and ultravires the Constitution of India as also the Abkari Act and strike it down to the extent it provides that no default of Abkari revenue shall be allowed to renew the fixed fee licences under the Abkari Act unless 50% of the arrears have been cleared; iv. declare that the proviso to Rule 13C of the Foreign Liquor Rules is arbitrary and ultravires WP(C).11150/07 2 the Constitution of India as also the Abkari Act and strike it down as such to the extent it provides that no reconstitution of the partnership will be allowed if any of the partners is an Abkari defaulter; v. issue a writ of mandamus or any other writ, order or direction commanding the 2nd respondent to renew Ext.P2 licence and allow the request in Ext.P5 according sanction for the reconstitution of the partnership of the petitioners.” But for admitting the matter ordering notice, no interim relief was given. Today when the matter is taken up for final hearing, there is no representation for the petitioners and it appears that the petitioners are not interested in the cause of action. The Writ Petition is dismissed for non-prosecution. P.R.RAMACHANDRA MENON, JUDGE vgs