J.K. RESIDENCY CHERAVATHUR Vs. MEMBER SECRETARY

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking for a direction to the 1st respondent to consider the application for classification of hotel without insisting for production of bar licence.

(2.) ACCORDING to the petitioner, the application for four star classification was submitted on 05.10.2012 before the 1st respondent and the petitioner was informed that the application will be received and considered only if the petitioner has got licence for conducting bar in the hotel first.

(3.) IN Ext.P2 judgment, this Court in a batch of cases has declared, after considering Clause 8 (f) of the revised guidelines, that there is a prohibition against grant of bar licence to hotels which are not having four star classification and the availability of bar licence, if insisted as a condition, which is impossible of compliance. Accordingly this Court was of the view that the respondent could not have refused to entertain the application of the petitioner therein on the ground that the petitioner does not possess bar licence and a direction was issued to re-submit the application and to consider the matter after processing the same. The above dictum was followed in Ext.P3 judgment in W.P.(C) No.21124/2012 wherein also it was held that there cannot be any insistence for production of bar licence as a pre condition for entertaining the application and for considering the matter on merits.