BHADRASENAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging Ext.P11 order passed by the 2nd respondent dated 09.01.2017, whereby the FL-11 license sought for by the petitioner under the Foreign Liquor Rules, 1953 was declined. Essential facts for the disposal of the writ petition are as follows:

(2.) Petitioner has submitted Ext.P3 application for FL- 11 license i.e. for beer/wine parlour, which was rejected as per Ext.P4, on the ground that the distance between the gate of the hotel and the gate of St. Joseph Catholic Church, Mannanthala is only 184 metres, since as per the second proviso to Rule 13(1) of the Foreign Liquor Rules, no foreign liquor shop shall be located within 200 metres from any Educational Institution, Temple, Church, Mosque, Burial Ground etc. etc. Being aggrieved, petitioner preferred Ext.P5 revision before the State Government, which was dismissed as per Ext.P8 order.

(3.) Petitioner challenged Exts.P4 and P8 before this Court and as per Ext.P9 judgment, direction was issued to reconsider Ext.P3 application in the light of the principles of law laid down by a Division Bench of this Court in 'State of Kerala Vs. Vijayakumar' [2009 (1) KLT 578]. The 3rd respondent after conducting joint inspection with the 5th respondent, as instructed by the 2nd respondent, filed Ext.P10 report, certifying that the distance between the gate of the hotel and the gate of the alleged church is 212 metres, and accordingly, recommended the application.