G. SOMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE writ petitions are filed by bar attached hotels, whose licenses have not been renewed for the period commencing from 1.4.2014. The petitioners are refused renewal of their licenses on the ground that, they do not maintain the standards that are stipulated by the Foreign Liquor Rules. They have been referred to as the non -standard hotels. It is stated that, 418 such hotels have been refused renewal of their licenses.

(2.) INITIALLY , there was a proposal to conduct inspections of all the non -standard hotels and to renew the licenses of those hotels that were found to maintain the requisite standards. In fact the orders of this Court in the previous proceedings reveal that inspection of some of the hotels were also conducted. However, in the meantime, the Abkari Policy 2014 -15 was brought into force. As per the new Abkari Policy, the Government decided that the FL -3 licenses of 418 non -standard hotels need not be renewed and that, only the hotels having Five Star classification need be issued with FL -3 licenses in future. The said Abkari Policy was the subject matter of challenge in W.P. (C) No. 22195 of 2014 and connected cases. As per judgment dated 30.10.2014, I have sustained the Abkari Policy 2014 -15 substantially, finding that the same was liable to be interfered with only in so far as it has sought to disentitle hotels having Four Star and Heritage classifications from being granted FL -3 licenses. The resultant position therefore is that, all hotels having Four Star, Heritage and Five Star classifications have been found entitled to be considered for the grant of FL -3 licenses.

(3.) IN the judgment dated 30.10.2014 in W.P. (C) No. 22195 of 2014 and connected cases, the exclusion of hotels with a classification lesser than Four Star has been sustained. The present petitioners are owners of hotels whose facilities are admittedly below that of Four Star Hotels. Therefore, in view of the Abkari Policy as well as the judgment dated 30.10.2014, no relief could be granted to these petitioners.