IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 13999 of 2010(Y) -------------------------- PETITIONER(S): --------------------- SHAJU A.ANTONY, MANAGING DIRECTOR, VOLGA RESTAURANT,MANNADIYAR LANE THRISSUR DISTRICT. BY ADVS. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.GILBERT GEORGE CORREYA SRI.SOJAN MICHEAL SRI.ANIYAN JOSEPH RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF TAXES,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER. THRISSUR. R1-3 BY GOVERNMENT PLEADER SRI.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011, ALONG WITH WPC NO. 14003 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13999 of 2010(Y) ------------------------------------ APPENDIX ---------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE JUDGMENT DT. 19.06.2009 IN WPC NO.28699/2009 OF THIS HON'BLE COURT. EXT.P2. COPY OF THE ORDER DT. 31.08.2009 PASSED BY THE SECOND RESPONDENT. EXT.P3. COPY OF THE CHALLAN DT. 16.09.2009. EXT.P4. COPY OF THE JUDGMENT DT. 10.03.2010 IN WA NO.1579 OF 2009 OF THIS HON'BLE COURT. EXT.P5. COPY OF THE APPLICATION DT. 29.03.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. ET.P6. COPY OF GO. (MS) NO.55/2010/TD DATED 05.03.2010. EXT.P7. COPY OF THE ORDER DT. 21.04.2010 PASSED BY THE SECOND RESPONDENT. EXT.P8. COPY OF THE JUDGMENT DT. 03.03.2010 IN WA. NO.544 OF 2008 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK HARUN-UL-RASHID,J. ------------------------------- W.P.(C). NOS. 13999 & 14003 OF 2010 ------------------------------- DATED THIS THE 8TH DAY OF AUGUST, 2011 JUDGMENT These writ petitions are filed challenging Ext.P7 order passed by the 2nd respondent rejecting the application for renewal of FL-3 licence. The petitioner in W.P.(C).No.13999/2010 is the Joint Managing Partner of Volga Restaurant, Mannadiar Lane, Thrissur and the petitioner in W.P.(C).No.14003/2010 is the Joint Managing Partner of Hotel Apsara, Chalakudy. Petitioners are the licensees, which was valid upto 31/3/2010. The grievance of the petitioners is that Ext.P7 order has been passed in gross disregard of the Abkari Policy declared by the Government for the year 2010- 11 as also Rule 19(v) of the Foreign Liquor Rules. It is the case of the petitioners that Ext.P7 is a non-speaking order and is abitrary, that the Excise Commissioner did not give any reasons in support of the order rejecting the application for renewal of the licence, that the Excise Commissioner did not deal in his order the contentions -2- W.P.(C).Nos.13999 & 14003/2010 advanced by the writ petitioners in their representations and that Rule 19(v) has been brought in the statute with effect from 1-4- 2009. It is also contended that the petitioners have vested right to get the licence renewed, since the policy has been changed by the Government and categorically stated even if the hotel is not having star classification, after the death of a Partner of a Partnership Firm that holds an FL-3 licence, the firm is entitled to get renewal and he need only remit `2,00,000/- for the same. The learned Senior Counsel for the petitioner also pointed out that by Ext.P4 judgment a direction was issued by the Division Bench of this Court to the Commissioner to dispose of the application after holding that the licence granted to the petitioner is valid up to 31/3/2010. 2. I have gone through the contentions raised in Ext.P5 application for renewal of licence. It is stated in Ext.P5 that in terms of sub-rule (v) of Rule 19 of the Foreign Liquor Rules which came into force with effect from 1-4-2009, in view of the direction -3- W.P.(C).Nos.13999 & 14003/2010 issued by this Court that the licence shall operate till 31/3/2010 and in terms of the Abkari Policy for the year 2010-2011 the licence which is functional is entitled to get renewal and regularised. It is also pointed out in Ext.P5 that in terms of sub rule (v) of Rule 19 of the Foreign Rules and in terms of the Abkari Policy for the year 2010-2011, the policy contemplates renewal and regularisation of all licences which are functional during 2009-10. By Ext.P5 representations the petitioners have in detail raised their contentions before the Excise Commissioner, which are now sought to be agitated before this Court. The learned Senior Standing Counsel appearing for the petitioners pointed out that an order was passed by the Apex Court in SLP ©.Nos.2138/2010 and 2165/2010 . The Apex Court noticed the fact that these writ petitions are pending before this Court and disposed of the Special Leave petitions with a direction that these writ petitions filed before this Court shall be considered by this Court on its own merit and uninfluenced by any observations in the judgment impugned in the special leave -4- W.P.(C).Nos.13999 & 14003/2010 petitions. 3. On consideration of the said contentions, I am constrained to hold that Ext.P7 order cannot be sustained. In the result, Ext.P7 order is quashed. There will be a direction to the 2nd respondent-Excise Commissioner to consider and dispose of Ext.P5 representations in the light of Rule 19(v) of the Foreign Liquor Rules and in terms of the present Abkari Policy and having regard to the fact that the licence was functional till 31/3/2010 and other relevant facts necessary for arriving at a just decision. An order shall be passed after affording an opportunity of being heard to the petitioners, within a period of one month from the date of receipt of a copy of this judgment. Writ Petitions are disposed of as above. HARUN-UL-RASHID, Judge. kcv.