HOTEL SOUPARNIKA RESTAURANT Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner claims to possess a licence issued by the competent authority under the Foreign Liquor Rules and Kerala Abkari Act. Their proximate grievance in having approached this Court by filing this writ petition is that in spite of the fact that they are in possession of a valid licence, the competent Authority has refused to allow them to operate their outlet citing the judgment of the Hon'ble Supreme Court in State of Tamil Nadu Rep. by its Secretary Home, Prohibition and Excise Department and Others v. K.Balu-I [2017 (1) KHC 26(SC)].

(2.) As per the petitioner, since their outlet is not situated on a State Highway or a National Highway, the rigor of K.Balu (supra) could not applied to them and they add by saying that in any case, the Hon'ble Supreme Court has clarified the position further in State of Tamil Nadu Rep. by its Secretary Home, Prohibition and Excise Department and Others v. K.Balu [2017 (2) KHC 360] and in State of Tamil Nadu Rep. by its Secretary Home, Prohibition and Excise Department and Others v. K.Balu 2018 (1) KHC 970. The petitioner thus asserts that the reasons which weighed with the competent Authorities at the time when this writ petition was filed is no longer relevant or germane, particularly on account of the subsequent clarifications made by the Hon'ble Supreme Court.

(3.) I notice that when this matter was admitted, there was an interim order granted by a learned Judge of this Court to the competent Authorities to permit the petitioner to operate their business on the strength of the licence taking into account the judgment of the Hon'ble Supreme Court in K.Balu (supra). I am also told that subsequent to the afore three judgments of the Hon'ble Supreme Court, the Government of Kerala had issued an order No.G.O.(M.S)/23/2018/TD, dated 16.03.2018, granting permission to the concerned competent officials to consider the applications of existing licence holders for renewal or new applicants on a case to case basis, after taking into account the population density of the areas in question. After this circular, a Government Order bearing No.E.X.C./5378/2016/XC7, dated 16.03.2018, was issued by the Excise Commissioner authorising the Deputy Excise Commissioners to consider/permit the operation of shops where licences have been granted or renewed after considering each individual application in the light of the judgments of the Hon'ble Supreme Court, as also the Government Order dated 16.03.2018 afore referred.