KALOOR JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) These are two Public Interest writ petitions under Article 226 of the Constitution seeking direction to the respondent State Government and the State Excise authorities not to renew/issue Foreign Liquor 3 (Restaurant) Licence to hotels/restaurants in the State which do not have two-star facilities and are situated within the prohibited distance of 200 metres from an educational institution, temple, church, mosque or burial ground as contemplated in Rule 13 (3) of the Foreign Liquor Rules. There is a further prayer to declare that strict compliance with Rule 13 (3) of the Foreign Liquor Rules is mandatory for granting licences. There is also a writ of mandamus sought to direct the respondents to comply with the directions, certain policy decision of the Government contained in Ext. P3. These are two Public Interest writ petitions under Article 226 of the Constitution seeking direction to the respondent State Government and the State Excise authorities not to renew/issue Foreign Liquor 3 (Restaurant) Licence to hotels/restaurants in the State which do not have two-star facilities and are situated within the prohibited distance of 200 metres from an educational institution, temple, church, mosque or burial ground as contemplated in Rule 13 (3) of the Foreign Liquor Rules. There is a further prayer to declare that strict compliance with Rule 13 (3) of the Foreign Liquor Rules is mandatory for granting licences. There is also a writ of mandamus sought to direct the respondents to comply with the directions, certain policy decision of the Government contained in Ext. P3.

(2.) For a proper appreciation of the controversy, it is necessary to recount some salient facts: Liquor vending in the State of Kerala is controlled, inter alia, by the Foreign Liquor Rules (hereinafter referred to as "the rules") which are framed in exercise of the powers conferred on the State Government under the Cochin Abkari Act 1 of 1077 as amended by the subsequent laws. These Rules provides for issuing of different kinds of licences. Rule 13 (3) deals with licence to Hotel/Restaurant for sale of liquor, which is known as Foreign Liquor 3 Hotel (Restaurant) Licence ("FL3"). The rule which stands on the statute book today is the result of many changes made in the original rule on account of several policy changes of the State Government on the issue of foreign liquor vending licences. It would be instructive and useful to notice those changes.

(3.) (a) The Rules were framed and brought into force with effect from 1-4-1953. When the Rules were originally enacted, there was a provision made for foreign liquor vending licence (FL-3) to be issued by the Excise Commissioner with the previous sanction of the Government to any recognized hotel/restaurant run on European lines on payment of certain prescribed fee.