STATE OF KERALA Vs. P K RAGHAVAN

JUDGEMENT

(1.) The State has come up in appeal challenging the judgment of the learned Single Judge, in which a direction has been issued to the Respondents in the writ petition to consider the writ Petitioner's eligibility for an FL3 licence for the year 2001-02 and for renewal for subsequent years, inter alia, with reference to the law laid down by a Bench of this Court in B. Six Holiday Resorts (P) Ltd. v. State of Kerala, 2003 1 KerLT 984. The Appellants contend that there is no warrant to direct the writ Petitioner's eligibility to be considered with reference to the rules prevailing in 2001 i.e. 14-12-2001, when the writ Petitioner had filed Ext. P-l application for an FL 3 licence. It is contended that since admittedly the rules were amended with effect from 20-2-2002 and the Petitioner would not be eligible under the amended rules, the application was considered and rejected as per Ext. P-4 finding that only hotels with 3 star classification are currently eligible for FL 3 licence. But since the Petitioner's hotel did not have 3 star classification, his application was rightly rejected.

(2.) It is the contention of the writ Petitioner that he had submitted an application for FL 3 licence through the Assistant Excise Commissioner, Kollam on 14-12-2001 that had the application been considered with reference to the law prevailing then, he would have been issued an FL 3 licence. Reference is made to Annexure R1(a) a communication issued by the Assistant Director of the India Tourism (Kollam), Government of India, to the Director, Department of Tourism, Government of Kerala, on 7-3-2002, to contend that the Government of Kerala had deliberately requested the Tourism Department of Government of India, to delay the inspection of the hotels, which had sought for Star classification. Had there not been any delay in considering the request in according star classification, the Petitioner would have obtained two star classification for his hotel in 2001 itself. As a matter of fact, as evidenced by Ext. P-2, the Tourism Department of the Government of India had issued a Restaurant Approval Order with effect from 11-1-2001. But, this was pursuant to an interim order issued by this Court, consistent with the law declared by the Division Bench in a similarly situated case, in W. A. No. 2097/03. It was contended that dealing with the Petitioner's application for FL 3 licence, cannot be in derogation of the Petitioner's right to be considered with reference to the law prevailing on the date of the application. The writ Petitioner relied on the decision of a Bench of this Court in B. Six Holiday Resorts' case.

(3.) We heard Counsel on both sides.