K K RESIDENCY Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER was issued a licence in form FL-3 under the Kerala Foreign Liquor Rules (in short 'the Rules') framed under the Kerala Abkari Act. Such licence was issued on the strength of three star classification. The licence was renewed till 31.3.2012. Prior to the expiry of the licence, the period of the classification certificate issued by the Ministry of Tourism also expired. Although the petitioner submitted an application for re-classification, orders were not passed. At the same time, the licence in form FL-3 was 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 petitioner has filed this writ petition 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 for the production of re-classification certificate issued by the Ministry of Tourism, Government of India.

(2.) DURING the pendency of this writ petition, 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.) CLARIFYING the position as above, the writ petition is disposed of.