ASOKAN VASU Vs. STATE OF KERALA,

JUDGEMENT

(1.) THE issue raised in this writ petition is the claim of the petitioner to allow sale of Foreign Made Foreign Liquor in the restaurant attached to his hotel.

(2.) THE petitioner submits that he has established a hotel by name Asliyya Grande at Navaikulam in Thiruvananthapuram District. It is stated that by Ext.P1, the Tourism Department of the Government of India, have given three star classification to the hotel. The petitioner submits that on an application made by him, the respondents have issued licence in the form FL -3 under Rule 13(3) of the Foreign Liquor Rules, enabling him to sell the liquor within the licensed premises in accordance with the provisions contained in the Abkari Act and the Rules.

(3.) THE stand of the respondents, as reflected in the statement filed by the 4th respondent, is that as per the approved plan, the hotel is having only one restaurant in the first floor, which is earmarked as a family restaurant. It is stated that in terms of the conditions of the licence, and the provisions of the Foreign Liquor Rules, the hotel should have an exclusive family restaurant for the use of families and others, where liquor shall not be served. It is also stated that a bar counter has already been sanctioned inside the bar hotel, and that there is no provision in the Foreign Liquor Rules to allow setting up of one more counter in the licensed premises.