IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 11359 of 2010(T) -------------------------- PETITIONER(S): --------------------- V.B.SASIDHARAN, MANAGING PARTNER, LAKSHMI HOTEL & RESORTS, KUMARAKOM P.O.,, KOTTAYAM DISTRICT. BY ADV. SRI.JOMY GEORGE SRI.SEBASTIAN THOMAS RESPONDENT(S): ------------------------ 1. ASSISTANT EXCISE COMMISSIONER, KOTTAYAM. 2. THE DEPUTY COMMISSIONER OF EXCISE, KOTTAYAM. 3. THE COMMISSIONER OF EXCISE, GOVERNMENT OF KERALA,THIRUVANANTHPURAM. 4. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EXCISE DEPARTMENT, GOVERNMENT OF KERALA,THIRUVANANAHTAPURAM. GOVT.PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 11359 OF 2010 (T) ===================== Dated this the 31st day of March, 2010 J U D G M E N T Petitioner submits that Ext.P1 is their licence in Form No.FL- 11. It is stated that as the period of the licence was expiring today, petitioner applied for renewal of the licence. On receipt of the said application, he was issued Ext.P4 calling upon him to produce star classification certificate. It was thereupon that the writ petition is filed. 2. According to the petitioner, neither in the rules nor in the policy for the year 2010-11, is there a requirement that star classification certificate should be produced for renewal of licence. 3. On instruction, learned Government Pleader submits that the petitioner had not produced original licence along with the application for renewal and therefore treating the application as one made for grant of licence, Ext.P4 was issued. 4. Thus, while according to the petitioner, what he applied for is for renewal of the existing licence, it would appear that the respondents have treated it as an application for grant of WPC No. 11359/10 :2 : licence. It is also not the case of the respondents that for renewal of licence classification certificate is required to be produced. 5. Having regard to the above, it is directed that it will be open to the petitioner to submit original of his licence, in which event, it is directed that the 2nd respondent shall consider the application already made by him as one made for renewal and without insisting on production of the star classification certificate. On that basis, fresh orders in the matter will be passed in accordance with Rules. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp