K SADASIVAN S/O KUMARA PILLAI AND HOTEL ANANTHASAYANAM PVT LTD Vs. STATE OF KERALA, DEPUTY COMMISSIONER OF EXCISE AND CIRCLE INSPECTOR OF EXCISE

JUDGEMENT

(1.) The petitioners are holders of FL 3 licence and are conducting Bar Hotels. The issue that is raised herein relates to the oral instructions given by the officers of the Excise Department directing the petitioners not to have any additional bar counters. It is submitted by the learned Counsel for the petitioners that the petitioners have already remitted an additional amount of Rs. 25,000/- over and above the usual rental for the FL 3 licence for the purpose of serving liquor in the restaurant. Exhibit P3, a copy of the Demand Draft, has been produced in support of the above plea. It is also submitted that the bar counters have been provided within the permitted area itself and not beyond the existing bar. Reliance is placed on the decision of this Court in Crl.M.C. No. 2292/2009 which is produced as Exhibit P5 herein.

(2.) Learned Government Pleader on instructions submitted that the relevant Rule namely, Foreign Liquor Rules have been amended as per G.O.(P) No. 105/2009/TD dated 17.06.2009 wherein a proviso to Sub-rule 3C of Rule 13 has been added. It shows that the licensee may be permitted to maintain more than one bar counter within the licensed bar room of the hotel with the prior permission of the Excise Commissioner on payment of an additional annual fee of Rs. 25,000/- (Rupees Twenty Five thousand only) for each such bar counter. It appears that the same was published in the Gazette dated 17.06.2009.

(3.) Since the case of the petitioners is that already the petitioners have remitted Rs. 25,000/- which can be treated as payment as per the amended Rules, what is to be considered is only regularisation of the same by the competent authority namely, the Excise Commissioner.