HOTEL APSARA Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) When C. M. P. No. 15748/1990 came up for orders, I heard learned counsel appearing on either side in detail. I am disposing of the Original Petition.

(2.) Petitioner is M/s. Hotel Apsara situated at Chalakudy represented by its partner Shri A. P. Antony. Hotel Apsara was being run by a partnership firm consisting of Shri P. E. Appu and Shri A. P. Antony. This hotel was granted FL3 licence under the Foreign Liquor Rules, hereinafter referred to as 'the Rules', with effect from 18-11-1984. That licence was being renewed year after year. During the year 1987 88 Shri P. E. Appu expired. There was some confusion regarding the person to represent the firm. Question also arose as to whether without the junction of the legal heirs of P. E. Appu, FL3 licence could be renewed. By Ext. P1 notice dated 28-2-1990 2nd respondent directed the petitioner to deposit 2 1/2 lakhs rupees towards the rental of the licence for the abkari year 1989-90. Since the abkari year was about to expire and only a few days remained, petitioner moved Ext. P2 representation before Government requesting for reduction of the rental to 1/12 of Rs. 2 1/2 lakhs. In the alternative be also prayed for renewal of the licence for 1990-91 by collecting the entire rental for that abkari year. Since there was delay in the disposal of that representation he moved this court by filing O. P. 6866/90. By judgment dated 27-7-1990 Government was directed to pass final order on Ext. P2 representation within a period of six weeks. In compliance with that direction Government issued Ext. P3 order dated 7-9-1990. By that order Government rejected the petitioner's request to collect 1/12 of the rental for the abkari year 1989-90 and directed the petitioner to apply for fresh licence subject to the present rules. This order is under challenge.

(3.) A statement has been filed on behalf of 2nd respondent. The fact that FL3 licence was granted to Hotel Apsara at Chalakudy with effect from 13-11-1984 and that it was being renewed till the end of the abkari year 1987-88 are admitted. On coming to know of the death of Shri P. E. Appu the Assistant Commissioner of Excise directed the licensee to produce a legal heir-ship certificate. Since no particular legal heir was authorised to represent all, a direction was issued to put in application by the Legal heirs and Shri. A. P. Antony. There upon A. P. Antony and P. A. Sasidharan applied for renewal of the licence for the year 1988-89 on the basis of a partnership deed. They produced the original partnership deed only on 27-12-1988. So the licence was not renewed for the abkari year 1988-89. Later Shri A. P. Antony. Managing Partner of the Hotel submitted an application to the Minister on 8-9-1989, In that, he inter alia stated: