Judgment · High Court · 2009
Case at a glance
- Decided
- 05 Jun 2009
- Bench
- P R RAMAN, P BHAVADASAN
Judgment
THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 FAO.No. 189 of 2005() --------------------- AGAINST THE ORDER DATED 30/06/2005 IN IA 331 2005 IN OS.60/2005 of SUB COURT, SULTHAN BATHERY APPELLANTS/PETITIONERS: --------------------------------
1. M.G. THOMAS, AGSED 60 YEARS, S/O. GHEEVARGHESE, RESIDING AT KALATHINKUNNU AMSOM, KOZHIKODE TALUK.
2. MRS. SARAMMA THOMAS, AGED 58 YEARS, W/O. M.G. THOMAS, RESIDING AT KALATHINKUNNU AMSOM OF KOZHIKODE TALUK. BY ADV. SRI.BIJU ABRAHAM SRI.B.G.BHASKAR RESPONDENT: ---------------
STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR.
THE ASSISTANT EXCISE COMMISSIONER KALPETTA, WAYANAD.
SRI.C. RAJAN THOMAS, FL-3 LICENSEE, HOTEL ZODIAC, KALPETTA RESIDING AT CHERKOTTU HOUSE, ARAKUZHA, MOOVATTUPUZHA.
SANJU. J.CHERUKOTTU, FL-3 LICENSEE, HOTEL ZODIAC, KALPETTA RESIDING AT CHERKOTTU HOUSE, ARAKUZHA, MOOVATTUPUZHA. ADV. SRI.GEORGE POONTHOTTAM FOR R3 & R4 GOVERNMENT PLEADER SRI. P.A. SALIM THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON 05/06/2009 DELIVERED THE FOLLOWING: P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = F.A.O. 189 OF 2005 = = = = = = = = = = = = = = = DATED THIS, THE 5TH DAY OF JUNE, 2009. J U D G M E N T Raman, J. This matter relates to grant of FL-3 licence under the Abkari Act. Such licenses are issued from year to year depending upon the Abkari Policy in force. This is in respect of the year 2004. The suit was one for injunction restraining the authorities from granting a FL-3 licence to anyone in respect of the building No. 6/116 of Kalpetta Municipality without the consent of the appellants. Along with the suit, an application was filed seeking for an interim injunction. By a considered order, the application was dismissed against which this appeal is preferred.
2. The interim injunction sought for is to restrain the respondents from issuing any FL-3 licence or renewing the existing FL3 licence for the Zodiac Bar in Building No.6/116 in Kalpetta Municipality to anyone for the year 2005-06. Now we are in 2009. By the efflux of time, the prayer has become infructuous. Further, though this appeal was pending for the past FAO 189/2005 :2: four years, no interim injunction was granted. In the circumstances, this appeal has become infructuous. Dismissed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-
Precedent status how later indexed judgments have treated this case
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