STATE OF KERALA Vs. RAVEENDRAN PILLAI

JUDGEMENT

(1.) The respondents in the Writ Petition are the appellants. The respondent herein was the Writ Petitioner. The point that arises for decision in this appeal is whether the application for FL - 3 licence has to be considered with reference to the law prevailing on the date of submission of the application or on the date of consideration / disposal of the application. The matter happened to be referred to the Full Bench by a Division Bench of this Court on prima facie noticing that the decision of the Division Bench of this Court in State of Kerala v. Raghavan, 2009 (1) KHC 654 : 2009 (1) KLT 625 : ILR 2009 (1) Ker. 529 : 2009 (1) KLJ 595 cannot stand with the decision of the Apex Court in Kuldeep Singh v. Govt. of NCT of Delhi, 2006 KHC 876 : AIR 2006 SC 2652 : 2006 (5) SCC 702 : JT 2006 (6) SC 199 : 2006 (3) KLT SN 92. Before dealing with the above question, we will briefly state the facts necessary for the disposal of the case.

(2.) The respondent submitted an application for FL - 3 licence on 30/09/2001. At the relevant time, R.13(2) of the Foreign Liquor Rules, as amended by GO (P) No. 53/97 / TD dated 31/03/1997, was in force. As per the said amendment, hotels with three star and higher classifications, Heritage and Resort Hotels as well as classified restaurants were entitled to get the FL - 3 licence. The respondent had already applied for Restaurant Approval Order to the competent authority on 08/02/2001. By Ext. P2 order, the competent authority granted Restaurant Approval Order on 15/07/2002. According to the respondent, the officials of the State of Kerala tried to influence the competent authority and delayed the issuance of the Restaurant Approval Order. Therefore, he approached this Court seeking appropriate reliefs. The said Writ Petition was disposed of by Ext. P2(a) judgment dated 20/06/2006, directing the competent authority to grant restaurant approval with retrospective effect, that is, with effect from the date of completion of three months from the date of submission of the application. As a result, the competent authority issued Ext. P6 order dated 05/07/2006, modifying the date of effect of Ext. P2 restaurant approval order as 08/05/2001 instead of 15/07/2002.

(3.) Since the respondent was not able to produce the Restaurant Approval Order, Ext. P1 application was rejected, at the threshold by the Assistant Excise Commissioner, without processing it by making an endorsement on it, on 30/09/2001 itself.