EXCALIBUR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these writ petitions are all persons conducting hotels with four star classifications issued by the Ministry of Tourism, Government of India. They have not been granted licences to conduct Bars for the reason that, four star hotels are not eligible to apply for the grant of Bar licences as per the Abkari Policy, 2014-2015 of the State. Though the petitioners had tried to submit applications for the grant of Bar licences (FL-3 licence), their applications were not accepted in view of the Abkari Policy 2014-15. Since common claims and issues arise for consideration in all the writ petitions, they are considered and disposed of together.

(2.) As already noticed above, the petitioners are all hotels classified as four star by the Ministry of Tourism, Government of India. They have obtained all the other necessary certificates from the concerned authorities and have acquired eligibility for the grant of an FL-3 licence. It is their contention that, they satisfy all the necessary conditions and parameters stipulated by the Abkari Act, 1077 as well as the Foreign Liquor Rules, for the purpose of being granted the privilege of conducting Bars in their hotels. Their applications have not been accepted or considered for the sole reason that, they have been held to be ineligible to apply for such licences by the Abkari Policy, 2014-2015. The respective counsel places reliance on the decision in Xaviers Residency v. State of Kerala, 2014 4 KerLT 419 where a batch of writ petitions challenging the Abkari Policy 2014-2015 were disposed of with the following directions:--

(3.) I have heard the respective counsel appearing for the petitioners in these writ petitions as well as the learned Govt. Pleader who represents the State.