IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 RP.No. 215 of 2010 -------------------------- (AGAINST THE JUDGEMENT DTD. 02/02/1010 IN W.A.921/2008) .................... REVIEW PETITIONERS/APPELLANTS IN THE WRIT APPEAL: -------------------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT (TAXES), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF EXCISE, EXCISE COMMISSIONERATE, THIRUVANANTHAPURAM. 3. ASSISTANT EXCISE COMMISSIONER, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. LAKSHMI NARAYAN. RESPONDENT/RESPONDENT IN THE WRIT APPEAL: --------------------------------------------------------------------------- S.AMBIKA, SAJEEV BHAVAN, KOTTUKAL, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. DR. K.P. SATHEESAN. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. C.N.Ramachandran Nair & P.S.Gopinathan, JJ. ================================================== R.P.No.215 of 2010 in W.A. 921 of 2008 ================================================== Dated this the 23rd day of March, 2010. ORDER Ramachandran Nair, J. 1.This review petition was filed by the State on the ground that the judgment relied on by us reported in B-6 Holiday Resorts Pvt. Ltd. v. State of Kerala (2003 (1) K.L.T. 984) now stands reversed by the Supreme Court. Further, Government Pleader has produced the judgment of the Full Bench in W.A.No.544 of 2008 wherein, the Full Bench of this Court held that, application for FL-3 licence has to be dealt with, with reference to the law prevailing on the date of consideration/disposal of case. We notice that our judgment was based on several Division Bench judgments of this Court to the effect that application for FL-3 licence has to be considered RP215/10 -:2:- with reference to the law in force as on the date of making application. Since this position now stands reversed by the Supreme Court judgment and Full Bench of this Court, review petition is only to be allowed. Accordingly, we allow the review petition by recalling the judgment. 2.Following the judgment of the Full Bench of this Court in W.A.544 of 2008, we allow the writ appeal by holding that the application of the respondent has to be considered with reference to the law in force as on the date of considering it, that is, the law in force in this financial year. C.N.Ramachandran Nair, Judge. P.S.Gopinathan, Judge. sl.