IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Con.Case(C).No. 1788 of 2007(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16955/2006 Dated 30/06/2006 .................... PETITIONER/PETITIONER: ----------------- P.K.RAKHAVAN,AGED 68,S/O.KESAVAN, MANAGING PARTNER,KALPAKA TOURIST HOME AND SURABHI RESTAURANT,SOMINI MANDIRAM,PADINJATINKARA, KOTTARAKKARA. BY ADV. SRI.A.SUDHI VASUDEVAN RESPONDENTS/1ST RESPONDENT: ------------- P.MARA PANDIYAN,(FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER), SECRETARY TO GOVERNMENT, TAXES (A) DEPARTMENT, GOVT.OF KERALA, GOVT. SECRETARIAT,TRIVANDRUM-1. BY G.P. SMT.N.SUDHADEVI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, J. .................................................................... Cont. Case(C) No.1788 of 2007 .................................................................... Dated this the 8th day of February, 2008. JUDGMENT Even though Writ Appeal is filed against judgment in the W.P., this court vide order dated 18.1.2008 directed the Excise Commissioner to issue FL-3 licence to the petitioner for this year till 31.3.2008 on payment of full licence fee for the whole year. It is reported that licence is not issued pursuant to interim direction because of objection by petitioner's son. Government Pleader submitted that petitioner's son besides filing objection before the Commissioner, has filed writ petition before this court namely, W.P.(C) NO.3281/2008 against grant of licence to the petitioner for want of his consent. Now the petitioner has produced an affidavit from his son filed before the Excise Commissioner withdrawing his objection. The petitioner has stated that his son will withdraw the W.P. also. In the circumstances, Contempt is closed directing the Excise Commissioner to issue FL-3 licence to the petitioner in terms of order dated 18.1.2008 till 31.3.2008 immediately on payment of full licence fee. However, renewal of licence for the next year will depend on the final orders to be passed by the Excise Commissioner based on judgment in W.P.(C) No.16955/2006 and based on 2 result of Writ Appeal pending against the same. Subject to orders in Writ Appeal there will also be direction to the Excise Commissioner to pass final orders in terms of judgment in the W.P. atleast one week before the last date for applying for renewal of licence for next year. Issue photocopy today itself. C.N.RAMACHANDRAN NAIR Judge pms