STATE OF KERALA Vs. M.P.SHIJU

JUDGEMENT

(1.) The respondents in WP (C) No. 8170 of 2013, which was a Writ Petition filed by the respondents herein, are the appellants. They are aggrieved by the judgment of the learned Single Judge rendered on 14/06/2013 whereby, Ext. P13 order passed by them rejecting Ext. P4 application submitted by the respondent for a FL3 licence, was quashed and they were also directed to grant the respondent FL3 licence.

(2.) We heard the learned Government Pleader appearing for the appellants and the learned counsel for the respondent.

(3.) The essential facts of the case are that the respondent herein submitted an application for FL3 licence on 28/03/2012. That application was rejected by the appellants by their order on 18/10/2012 on the ground that the hotel of the respondent did not have four star classification, which was one of the requirements of R.13(3) of the Foreign Liquor Rules for grant of licence. Subsequently, after obtaining the necessary qualifications for a licence, respondent submitted Ext. P4 application dated 08/11/2012 for obtaining FL3 licence. The application was processed at various levels of the Department and by Ext. P25 dated 05/12/2012, the Excise Commissioner made recommendations to the Government for granting licence.