MEMBER SECRETARY Vs. EMERALD REGENCY

JUDGEMENT

(1.) These writ appeals are filed by the Member Secretary (HRACC) in the Ministry of Tourism, essentially on behalf of the Union of India. The only issue that arose for consideration before the learned Single Judge was the effect of G.O. (P) No. 192/2011/TD dated 9.12.2011 issued by the Government of Kerala restricting issuance of FL-3 licence only to hotels having 4 star classification and above, on the requirement of clause 8(1) of the revised guidelines of the Tourism Ministry of the Union of India. That clause enjoins, among other things, that wherever bar licence is prohibited for a hotel as per the local law, the bar will not be mandatory and wherever bar is allowed as per local law, then the hotel will have to obtain bar licence first and then apply for classification to the Ministry of Tourism. This is in the context of the prescription in that clause that bar licence is necessary for 4 star, 5 star, 5 star delux, heritage classic and heritage grand categories.

(2.) While the learned Single Judge decided the writ petitions on 16.8.2012, G.O.(P) No. 192/2011/TD dated 9.12.2011 stood declared as void and inoperative, as per the judgment of the Division Bench rendered in Swendra Das. B v. State of Kerala,2012 3 KHC 653 . Though appeals are stated to have been admitted by the Hon'ble Supreme Court of India against that judgment, no order of stay of operation of that judgment of this Court is granted. The Hon'ble Supreme Court also recorded the submission on behalf of the State of Kerala that applications pending for FL-3 licences would be considered within a period of eight weeks and thereafter, the applicants who are found successful will be granted licences, in accordance with law.

(3.) Do the relevant provision of G.O.(P) No. 192/2011/TD continue to govern It has been declared void and inoperative by the competent court, viz., this Court. Obviously therefore, appealing Union of India is justified in saying that the situation now is that the local law in the State of Kerala does not prohibit grant of bar licence to hotels with 3 star classification. It is the clear prescription of the Tourism Department of Union of India that one has to possess bar licence for consideration, for classification, for 4 star and upward. Under such circumstances, we are of the view that these appeals are entitled to succeed.