G MOHANDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE are the writ petitions filed by persons who are issued licences in form FL-3 under the Kerala Foreign Liquor Rules (in short 'the Rules') framed under the Kerala Abkari Act. Such licences were issued on the strength of three star classification obtained by the respective petitioners from the fifth respondent. The licences were renewed till 31.3.2012. Prior to the expiry of the licences, the period of the classification certificate issued by the Ministry of Tourism also expired. Although the petitioners submitted applications for re-classification, orders were not passed. At the same time, their licences in form FL-3 were renewed subject to the condition that the re-classification certificate should be produced on or before 30.6.2012. It is in the meanwhile that the petitioners filed these writ petitions contending that in view of the 7th proviso to Rule 13(3) of the Rules, inserted by G.O.(P). No.67/2010/TD dated 15.3.2010 w.e.f. 1.4.2010, to the effect that all FL-3 licences not having the requisite star classification and are functional during 2009-10, shall be regularised, respondents cannot insist on the production of re-classification certificate issued by the Ministry of Tourism, Government of India.

(2.) DURING the pendency of these writ petitions, in Hotel Malika Residency v. State of Kerala (2012 (3) KLT 310), this Court considered the impact of the 7th proviso to Rule 13(3) of the Rules and held thus:-

(3.) IRRESPECTIVE of the above, petitioners submitted that the applications submitted by them for re-classification to the Regional Director, India Tourism, Southern Regional Office, Chennai, the authority competent to issue the re- classification certificates, are still pending. Therefore, I direct that the said Officer shall consider the applications that have been received from the petitioners and pass orders in accordance with law, which shall be done as expeditiously as possible, at any rate, within six months of receipt of a copy of this judgment. Writ petitions are disposed of as above.