HOTEL SKY PALACE Vs. STATE OF KERALA

JUDGEMENT

(1.) Ext. P6 order is under challenge. The petitioner is having a three star classified hotel and obtained Ext. P2 license for conducting a bar license from 15.11.2005. The petitioner obtained an FL-3 license under R. 13(3) of the Foreign Liquor Rules (Ext. P2) which is being continued uninterruptedly from 15.11.2005 by renewing the same every year. The license was lastly renewed till 31.3.2012. The license of the petitioner was cancelled vide Ext. P3 order of the second respondent dated 10.8.2009 on the ground that at the time of the original grant of license, the distance between the gate of a Government U.P. School and the petitioner's hotel was 158 metres. The petitioner challenged the same before this Court in W.P.C. No. 23131/2009. The same was disposed of vide Ext. P4 judgment directing the first respondent to consider the matter afresh, after affording the petitioner an opportunity of being heard. Ext. P2 license was renewed till the compliance of Ext. P4 judgment by the first respondent. Later, Ext. P7 report was obtained from the Deputy Excise Commissioner, Intelligence & Investigation Bureau, Head Quarters which states that if the distance is measured through the zebra crossing, the distance is 298.80 metres. On the basis of the same, Ext. P6 was passed by the first respondent cancelling the license on the same ground that at the time of original grant of license, the distance was less than 200 metres from the school. It is in this background, the petitioner has come up before this Court.

(2.) The State has filed a detailed counter affidavit wherein they have averred as follows:

(3.) I have heard the learned senior counsel appearing for the petitioner and the learned Senior Government Pleader in the matter.