STATE OF KERALA Vs. MANNUTHY MAYURA INN

JUDGEMENT

(1.) THIS appeal is filed against the judgment of the learned Single Judge allowing W.P.(C)No.13194 of 2013 filed by the respondents herein. The respondents were having a hotel by name Mayura. On account of the work for the development of the NH, that hotel was closed and FL3 licence of the hotel was surrendered in the year 2010.

(2.) SUBSEQUENTLY , they constructed a new hotel by name 'Mayura Inn' and on 15/10/2010, submitted Ext.P2 application for obtaining a FL3 licence to that hotel. They also submitted Ext.P3 application dated 17/7/2012 requesting for shifting the FL3 licence that was surrendered to the newly constructed hotel. They again submitted Ext.P4 application dated 10/8/2012 requesting to grant the prayer either in Ext.P2 or in Ext.P3.

(3.) THEREUPON , Ext.P8 order was passed on 21/12/2012, whereby the second appellant rejected the application on the ground that the applicant did not have the legal authority to apply for the FL3 licence sought for as per the partnership deed of Mayura Inn, Mannuthy. That order was again challenged in W.P.(C)No.1401 of 2013 which resulted in Ext.P11 judgment. By that judgment the Writ Petition was allowed and quashing Ext.P8, this Court directed reconsideration of Ext.P4 and to pass fresh orders thereon.