IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 13084 of 2011(I) --------------------------------- PETITIONER(S): ------------------- SUJITH SOMAN,DIRECTOR,DIAMOND REAL ESTATES(PVT),LIMITED,MARAMON,KOZHENCHERRY, PATHANAMTHITTA. BY SRI.N.DHARMADAN, SENIOR ADVOCATE ADV. SRI.G.KRISHNAKUMAR RESPONDENT(S): -------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVT.,EXCISE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM - 695 001. 2. COMMISSIONER OF EXCISE,OFFICE OF THE COMMISSIONER OF EXCISE,THIRUVANANTHAPURAM - 695 001. 3. K.K.SREEDHARAN,S/O.KUMARAN, KALLARATHIL VEEDU,KUMARAMANGALAM,THODUPUZHA-685 584. 4. K.N.ANANDAN,S/O.LATE NARAYANAN, 'ASWATHY BHAVAN',ATHIRUMKAL-P.O,KOODAL, (VIA)PATHANAMTHITTA - 689 693. 5. REGIONAL DIRECTOR,INDIA TOURISM,GOVT.OF INDIA,SOUTHERN REGIONAL OFFICE,154,ANNA SALAI, CHENNAI-600 002. R1 & R2 BY GOVT. PLEADER SRI.K.REMESH R5 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13084/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 19/03/2011 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE MINUTES OF THE MEETING ON 12/11/2009. P3: COPY OF CERTIFICATE DATED 12/11/2009 ISSUED BY COMPANY SECRETARY. P4: COPY OF THE APPLICATION DATED 28/11/2009. P5: COPY OF THE CLASSIFICATION ORDER DATED 11/05/2005 BY 5TH RESPONDENT. P6: COPY OF THE JUDGMENT IN WPC.NO.8270/2010 DATED12/03/2010 OF THIS HONOURABLE COURT. P7: COPY OF THE ORDER IN I.A.439/2009 IN O.S.29/2009 DATED 07/04/2009 OF THE SUB COURT, THIRUVALLA. P8: COPY OF THE JUDGMENT IN WPC.NO.425/2010 DATED 26/10/2010 OF THIS HONOURABLE COURT. P9: COPY OF JUDGMENT IN WPC. NO.23122/2010 DATED 12/08/2010 OF THIS HONOURABLE COURT. P10: COPY OF ORDER IN I.A.1163/2010 IN O.S. NO.29/2009 DATED 06/10/2010 OF THE SUB COURT, THIRUVALLA. P11: COPY OF CERTIFICATE DATED 23/11/2009 ISSUED BY 2ND RESPONDENT. P12: COPY OF CERTIFICATE DATED 22/05/2010 ISSUED BY COMMUNITY HEALTH CENTRE. P13: COPY OF CERTIFICATE DATED 02/06/2010 ISSUED BY THE POLICE. P14: COPY OF THE ORDER IN I.A. 192/2011 IN APPEAL NO.140/2011 DATED 04/02/2011 OF THE TRIBUNAL. P15: COPY OF THE APPLICATION DATED 02/09/2010 FILED BY THE PETITIONER. P16: COPY OF THE REPLY FILED BY THE PETITIONER TO THE 5TH RESPONDENT. P17: COPY OF THE STATEMENT DATED 21/03/2011 FILED BY THE PETITIONER. P18: COPY OF ORDER DATED 16/10/2009 OF THE COMPANY LAW BOARD. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.13084 of 2011 ---------------------------- Dated 21st June, 2011 JUDGMENT The petitioner is one of the Directors of `Diamond Real Estate Private Limited'. On the strength of Ext.P2 the petitioner has submitted an application for FL-3 licence to the Maramon Hotels and Resorts, a hotel managed by the said company. The said application was considered by the second respondent and as per Ext.P1 it was rejected on the ground that the petitioner had not produced the required classification certificate for their hotel which is a mandatory condition for granting FL-3 licence as per the Foreign Liquor Rules. It is mainly challenging Ext.P1 and seeking issuance of a writ of mandamus commanding the fifth respondent to consider Exts.P15 and P17 applications to grant classification certificate so as to enable the petitioner to obtain FL-3 licence from the second respondent that this writ petition has been filed. 2. The contention of the petitioner is that prior to the expiry of the order classifying the aforesaid hotel as Three Star hotel the petitioner has submitted an application before the fifth respondent for getting it renewed. The fifth respondent had not passed any order within its validity period. In fact, no communication has so far been received WP(C).No.13084/2011 2 from the fifth respondent regarding the outcome of the consideration of the said application, it is submitted. However, it is learnt that, at the instance of the 4th respondent the same was rejected. In the said circumstances that the petitioner was constrained to submit Exts.P15 and .P17 applications before the fifth respondent. Despite the receipt of Exts.P15 and P17 no action was taken thereon. On account of the said inaction on the part of the fifth respondent the petitioner is not able to obtain the FL-3 licence from the second respondent. The learned Senior Counsel appearing for the petitioner further submitted that the company was also not informed of the fate of the said application, so far. In view of the said assertion and taking note of the contention that Exts.P15 and P17 are pending before the fifth respondent, I am of the view that this writ petition can be disposed of. The learned Government Pleader submitted that in case the petitioner obtains and produces the reclassification certificate before the second respondent, the question of grant of FL-3 licence would be considered afresh. In the said circumstances, without making any observation as to the merits of the contentions raised by the petitioner in this writ petition, it is disposed of as hereunder:- WP(C).No.13084/2011 3 In case the fifth respondent had not already taken a decision on the application submitted by the petitioner for reclassification certificate and communicated the same, the fifth respondent shall consider the said application and also Exts.P15 and P17 applications submitted by the petitioner expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. This shall be done with notice to the petitioner and also respondents 3 and 4. Needless to say that subject to the outcome of the decision on the said application and on Exts.P15 and P17 it will be open to the petitioner to approach the second respondent for FL-3 licence and in which event Ext.P1 shall not stand in the way of consideration of the said application. Sd/- C.T.RAVIKUMAR Judge TKS