High CourtsDivision Bench(2012) 11 KL CK 0204

Manager, Christ College, Irinjalakuda-680125 vs State of Kerala and Others

High Court Of Kerala · Decided on 6 November 2012

HON’BLE JUDGES
T.R. Ramachandran Nair, J · P.N. Ravindran, J
CASE NUMBER
Writ Petition (C) . No. 2541 of 2007 (C)

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Judgment

2 paragraphs · 196 words

Balakrishnan Nair, J.—These writ appeals are filed against the common interim order passed by the learned Single Judge declining to grant interim relief to the appellants for renewal of their FL3 licences pending disposal of the writ petitions. The learned Single Judge found that by virtue of the proviso to Rule 13 (3) read with Rule 19 of the Foreign Liquor Rules, the licences cannot be renewed. The appellants attacked the above interim order on several grounds. Going by the Full Bench decision of This Court in K.S. Das Vs. State of Kerala , the scope for interference with an interim order is very limited. Going by the parameters laid down by the Full Bench in that decision, we feel that we are not justified in interfering with the common interim order. But, we clarify that the finding of the learned Single Judge shall be treated only as a prima facie finding and while disposing of the writ petitions, the learned Single Judge shall dispose of them without being fettered by the observations on the merits of the case in the common impugned order challenged in these appeals.

These writ appeals are disposed of as above.