JAYADEVAN Vs. VARGHESE

JUDGEMENT

(1.) One Varghese who figures as respondent in the Writ Appeals and the Original Petitions (who will be hereinafter referred to as the licensee for the sake of convenience) was in possession of an F.L. 3 licence to run a bar at his hotel "Hotel Seven Hills" at Trichur issued pursuant to Ext. P1 order of the Board of Revenue dated 19.5.1984. The licence is seen renewed only up to March, 1986. Thereafter the licensee could not renew the licence for the period commencing from 1-4-1986 onwards due to financial difficulty. When his financial position improved, he submitted an application for renewal of licence as provided in the proviso to R.14 of the Foreign Liquor Rules. However, the Board of Revenue as per order dated 30.12.1996 rejected the said application on the ground that there is no provision in the Foreign Liquor Rules for the renewal of a cancelled licence. Aggrieved thereby, the licensee moved this Court in O.P. No. 8081/97 which was disposed of by the judgment dated 16.5.1997 directing renewal of the licence on condition that he pays a sum of Rs. 25.000/- each for every year of defunction within a period of two weeks from the date of receipt of a copy of the judgment and on such payment the Board of Revenue shall renew the licence within the said period. The aforesaid direction is impugned in Writ Appeal Nos. 111 6/97 and 1146/97 at the behest of leave granted appellants who were not parties to the original petition.

(2.) O.P. No. 10081/97 is filed by an unregistered Samithi to call for the records relating to Exts. P13 and P14 proceedings of the Government of Kerala and Board of Revenue respectively according sanction for renewal of F.L.3 licence and directing the Asst. Commissioner to renew the F.L.3 licence in favour of the licensee in the existing building on remittance of the additional rental for 11 years (Rs. 25,000/- for each year of defunction) over and above the rental for 1997-98 of Rs. 10 lakhs; and father reliefs. O.P. No. 10132/97 is another writ petition filed by one P.P. Gopalakrishhan as convener of "Madya Vilpana Sala Virudha Samithi", Trichur praying for the issuance of a writ of certiorari to quash all proceedings for sanctioning of a licence in favour of the licensee and for a declaration that the Asst. Excise Commissioner has no jurisdiction to grant such licence in favour of the licensee and for other reliefs.

(3.) Since common question arises for consideration in the Writ Appeals and ,the Original Petitions, they are being disposed of by a common judgment treating Writ Appeal No. 1116/97 as the main case so much so, the fate of the rest of the cases will depend upon the outcome of this Writ Appeal.