KUNJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants in the Writ Appeals and the petitioners in the Writ Petitions challenge the validity of Foreign Liquor (Amendment) Rules, 2001 made as per SRO.No.920/2001 dated 8/10/2001, published in the Kerala Gazette Extra Ordinary, dated 8/10/2001. The learned single Judge dismissed the Writ Petitions and the four Writ Appeals were filed by the writ petitioners therein. Two other Writ Petitions which came up subsequently were posted before the Division Bench along with the Writ Appeals. The appellants in the Writ Appeals and the petitioners in the Writ Petitions are referred to hereinafter as the petitioners. Appellant No.4 in W.A.No.1164 of 2002 is Kerala Bar Hotels Association, represented by its General Secretary. There are 401 members in the said Association. The list of all the members were submitted and separate court fee was paid by all of them. As per the order dated 23.10.2007, appellant No.4 Association was permitted to prosecute the Writ Appeals on behalf of all the members of the Association as they had paid the necessary court fee and obtained leave of the Court.

(2.) The petitioners own bar attached hotels having FL3 license issued under Rule 13(3) of the Foreign Liquor Rules. Licences were issued to the petitioners for the period from 1.4.2001 to 31.3.2002. Each of the petitioners were required to pay a sum of Rs.13 lakhs as annual rental/fee as provided in Rule 13(3) of the Foreign Liquor Rules. Rule 13 (3) of the Foreign Liquor Rules was amended and the annual rental of Rs.13 lakhs was enhanced to Rs.15 lakhs. By the same amendment Sub-Rule (15) was added to Rule 13.

(3.) The relevant portion of Rule 13(3) (before the amendment) was as follows: