STATE OF KERALA Vs. POLSONS DISTILLERY, CHALAKKUDY
HIGH COURT OF KERALA
STATE OF KERALA
Polsons Distillery, Chalakkudy
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K.SURENDRA MOHAN,J. -
(1.) The State is in appeal against the judgment of the learned Single Judge dated 03/06/2016 in W. P. (C) No. 21351 of 2005 allowing the writ petition. The writ petitioner is the respondent herein.
(2.) The respondent is conducting a distillery manufacturing Indian made foreign liquor. The distillery has been granted necessary licenses under the Abkari Act and the Rules thereunder. It is stated that the distillery has been conducting its operations from 1973 onwards. The present dispute arose when the Managing Partner of the partnership firm that is conducting the distillery expired and an application was made for substituting the new Managing Partner who had taken charge after reconstitution of the firm. Thereupon, the Excise Commissioner insisted on payment of additional security under R.27 of the Kerala Distillery and Warehouse Rules, 1968 (hereinafter referred to as 'the Rules' for short) as per Ext.P10 order. Accordingly, the security amount was fixed at Rs.20,00,000/-. According to the counsel for the respondent, the security already furnished by the firm is Rs.50,000/-.
(3.) Ext.P10 was the subject matter of challenge before this Court in W. P. (C) No. 10232 of 2005 at the instance of the respondent. As per Ext.P16 judgment, the writ petition was allowed and the Excise Commissioner was given the liberty of passing fresh orders in the matter. Pursuant to Ext.P16, the respondent was heard. Ext.P18 argument note was submitted. Thereafter, Ext.P19 order dated 11/05/2005 was passed finding that the security amount of Rs.20,00,000/- that was demanded was reasonable. On the question of waiver of security deposit, as per Ext.P19, the matter was referred to the Government for appropriate orders. As per Ext.P20, the request to waive the additional security amount of Rs.20,00,000/- was rejected by the Government. Exts. P19 and P20 were the subject matter of challenge in W. P. (C) No. 21351 of 2005. The learned Single Judge has set aside both the orders.;
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