RENAISSANCE GRAND HOTEL REPRESENTED BY ITS PROPRIETOR Vs. SECRETARY TO GOVERNMENT PROHIBITION AND EXCISE

JUDGEMENT

(1.) THIS Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in G.O.(D) No.158 dated 28.8.2012 of the 1st respondent, confirming the order of the 2nd respondent in No.P&E-2(4)/17127/2011 dated 10.5.2012 and quash the same and consequently direct the 2nd respondent to renew the FL-3 license issued to the petitioner hotel within a time fixed by this Hon'ble Court.

(2.) HEARD Mrs.Narmada Sampath, learned counsel appearing for the petitioner and Mr.N.Srinivasan, learned Additional Government Pleader appearing for the respondents.

(3.) IN the petitioner's three-star hotel, there are 109 rooms which includes six wedding-cum-conference halls in the basement. They are used by the customers for conducting marriages, marriage receptions, family get-together, conferences, industrial meet, etc. The hotel applied for and was granted licence to vend 1000 units of liquor under the FL-3 category as per the Tamil Nadu Liquor (License and Permit) Rules, 1981 in July 2007 by an order of second respondent. The petitioner claims that they purchase substantial units of liquor from the respondents every month and contribute approximately Rs.1.75 lakhs per month to the State exchequer. It also pays other taxes as applicable to the State as well as Central Government. It is pleaded by the learned counsel for the petitioner that the FL-3 licence, granted in July 2007 is being renewed year after year and there is no complaint whatsoever in the past. The licence is renewed for nearly five years approximately without blemish. The hotel is subject to regular check by excise authorities regularly and no irregularity was ever noticed or alleged in the past. The licence was renewed and was never rejected any time. It is further contended by the petitioner's counsel that the hotel entertains foreigners to a great extent in the small town of Hosur. During the year February 2011 to February 2012 the total number of foreigners was near about 2000. It is likely to increase. The petitioner hotel, therefore, earns valuable foreign exchange for the country.