LAWS(KER)-2012-10-231

SHAJIN.N.V. Vs. MEMBER SECRETARY

Decided On October 19, 2012
SHAJIN.N.V. Appellant
V/S
MEMBER SECRETARY Respondents

JUDGEMENT

(1.) THE petitioner is seeking for a direction to the first respondent to consider the application for re-classification without insisting for production of a bar licence.

(2.) IT is contended that the provision under the clause 8(f) of the revised guidelines for Classification/Re-classification of Hotels was examined by this Court in Ext.P2 Judgment. It was held therein that there is a prohibition against grant of bar licence for hotels which do not have four star classification and, therefore, availability of bar licence, if insisted as a condition, is impossible of compliance. Therefore, this Court directed consideration of the application without insisting for production of bar licence.

(3.) BUT , as rightly pointed out by the learned counsel for the petitioner, unless the position is clarified, it may result in rejection of the application on this ground whereas the petitioner is entitled for the benefit of the declaration of law made by this Court in Exts.P2 and P3 Judgments.