HOTEL SKY PALACE Vs. STATE OF KERALA,

JUDGEMENT

(1.) The petitioner is the licensee of a hotel by name "Hotel Sky Palace", Kannur. The proceedings granting star classification is produced as Exhibit P1. The challenge is against the cancellation of the licence by the Excise Commissioner as per Exhibit P8 order.

(2.) The case of the petitioner is that the application for grant of FL.3 licence dated 5.10.2005 was recommended by the Circle Inspector of Excise, Kannur finding that the hotel is situated in an unobjectionable site. The measurement at that point of time taken from the nearest gate of Government Upper Primary School, Thavakkara to the hotel showed that the distance is 205 metres and accordingly the application was recommended as evident from Exhibit P2 and accordingly he was granted licence. It was being renewed from time to time and Exhibit P3 is the order granting renewal up to 31.3.2010.

(3.) The present proceedings, apparently, started by a notice Exhibit P4 issued by the Commissioner of Excise same is based on a report made by the Deputy Commissioner of Excise, Excise Intelligence and Investigation Bureau, Trivandrum, wherein it was reported that the distance is only 159 metres. The petitioner filed an objection as per Exhibit P5. He had also produced along with Exhibit P5, the report of the Town Surveyor of the Municipality showing that the distance is 209 metres. Exhibit P6 is the report by the Deputy Excise Commissioner, Kannur dated 22.3.2008, wherein the distance shown is 298.8 metres. Exhibit P7 notice shows that the hearing was conducted on 27.3.2008.