STATE OF KERALA Vs. VIJAYA KUMAR

JUDGEMENT

(1.) Proper manner of measurement of the prohibited distance between the classified institutions and concerned establishment in respect of FL 3 Licence is the core issue involved in both these appeals.

(2.) The writ petitioner is the Managing Partner of the firm engaged in running a hotel under the name and style 'Hotel Ruby Arena", stated as having all the requirements to be classified under Four Star category, but classified as Three Star category - for want of necessary bar licence. Though the appellant applied for FL 3 licence on 22.09.2006, it was rejected by the Excise Commissioner as per Ext. P3 order dated 19.02.2007 on the ground that the men's hostel of the Medical College, Thiruvananthapuram is located within the prohibited distance, which, hence, was subjected to challenge in the Writ Petition.

(3.) Various contentions were raised by the writ petitioner pointing out that the hostel is not liable to be treated as an "educational institution" as contemplated under the relevant rules; that it is situated far away from the medical college; that it is not under the control of the 'Education Department' of the State or Central Board of Education; that grown up people are residing there; that the measurement taken by the statutory authorities from the 'subsidiary gate' of the hostel is not at all correct or proper- as it has to be effected only from the 'main gate' of the hostel ; that the hotel of the petitioner does not come within the prohibited distance and further that the distance has to be measured taking note of the principles set out in Ext.P5 judgment rendered by the Division Bench of this Court.