M. R. TOURIST HOME Vs. STATE OF KERALA

JUDGEMENT

(1.) THE above Original Petition is filed to quash Exts. P4 and P7 orders and for a writ of mandamus or other appropriate writ, direction or order commanding the respondents to allow the request of renewing and shifting Exts. P1 FL3 licence No. 13/84-85 as per Ext. P3 application dated 6-5-1997 and to declare that the petitioner firm is entitled to get its Ext. P1 licence No. 13/84-85 defunct from 1-4-1989 renewed and shifted to the building shown in the application, Ext. P3.

(2.) PETITIONER , M/s. M. R. Tourist Home, is a partnership firm of which one K. K. Jose was the Managing Partner. As the Managing Partner of the Firm, Jose applied for FL3 licence. The licence was sanctioned as per the order of the Board of Revenue dated 13-12-1984. Copy of the licence is Ext. P1. According to the petitioner, Ext. P1 licence was renewed upto 31-3-1989. From 1-4-1989, the petitioner did not renew the licence due to heavy financial and personal problems. Petitioner filed Ext. P3 application on 6-5-1997. Under the proviso to R.14 of the Foreign Liquor Rules renewal of licences of Bar hotels which do not function on the expiry of valid licence can be granted on payment of an additional rental of Rs. 25,000/- for each year of defunction, over and above the annual rental for the year of renewal, subject to the observance of other rules in this regard. In Ext. P3 application, the petitioner stated that the petitioner was running a Bar attached hotel in the name of M. R. Tourist Home at Pudukkad and this Bar was not running from 1-4-1988 till that date due to some financial and personal problems. Hence, the petitioner requested to renew the Bar licence at the earliest date. The old premises has been lost and the petitioner had arranged another convenient building with 2 Star facilities at Vellangalore Panchayat, Mukundapuram Taluk, Trichur District. Along with Ext. P3 application, petitioner also enclosed many other relevant papers, which are necessary for the grant of licence.

(3.) A counter affidavit has been filed on behalf of respondents 2 and 3. In para.3 of the counter affidavit, it is stated that the original licence was issued in the name of the petitioner as Managing Partner of M. R. Tourist Home, Pudukkad. The said licence was renewed upto 31-3-1989. However, the petitioner did not renew the licence thereafter and accordingly the same expired. Subsequently, the petitioner in his capacity as the proprietor, May Fair Hotel, Pudukkad obtained another FL3 licence, which was sanctioned as per Ext. P2. Subsequently, FL3 licence was transferred from the name of the petitioner to the name of P. C. Francis, Managing Partner, May Fair Hotels, Pudukkad. The Bar hotel is still functioning in the same building. It is not known whether K.K. Jose, Managing Partner of the petitioner Firm, has retired from the Firm. It is not correct to say that Ext. P1 licence sanctioned to the Managing Partner, M. R. Tourist Home, Pudukkad has nothing to do with Ext. P2 licence. In para.3 of the counter affidavit, it is stated that Ext. P1 licence sanctioned to the managing partner, M. R. Tourist Home, Pudukkad ceased to be exist when Ext. P2 licence was sanctioned in the name of the very same person in the capacity of Proprietor, May Fair Hotels. Counter affidavit also relies on Exts. R1(a) and R1(b) reports. Thus, the main ground appears to be that since the petitioner has obtained another licence after the expiry of the licence in favour of the petitioner, there cannot be any renewal of licence under R.14 of the Foreign Liquor Rules.