IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 22312 of 2011(L) -------------------------- PETITIONER: --------------- HOTEL AMRUTHAA INTERNATIONAL, NO.CC 41/2884, ST.BENEDICT ROAD, ERNAKULAM,COCHIN 682 018,REPRESENTED BY ITS PROPRIETOR, SRI.DILEEP K.KUNNATH BY ADV. MR.BECHU KURIAN THOMAS MR.PAUL JACOB (P) MR.ROSHEN.D.ALEXANDER MR.ENOCH DAVID SIMON JOEL RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF EXCISE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. COMMISSIONER OF EXCISE THIRUVANANTHAPURAM 695 001. GOVERNMENT PLEADER MR.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22312 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: ORDER DTD. 15.12.2010 AND NUMBERED AS 14-HRACC (08)/10 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF TOURISM (HRACC). EXT.P2: APPLICATION DTD. 8.1.011 SUBMITTED BY THE PETITIONER TO R2. EXT.P3: ORDER DTD. 6.8.2011 AND NUMBERED AS XC-6-12429/2011 ISSUED BY R2. RESPONDENTS' EXHIBITS: NIL ..... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.22312 Of 2011 ---------------------- Dated this the 5th day of September, 2011. J U D G M E N T The writ petition is filed seeking the following reliefs: i) To issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P3. ii) To issue a writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent to issue FL-3 licence to the petitioner on the basis of Ext.P2 application. 2. The petitioner is a four star hotel. The Classification Committee of India Tourism had inspected the hotel and issued Four Star Classification vide Ext.P1 order dated 15.12.2010. The petitioner submitted an application dated 8.1.2011 to the 2nd respondent for granting an FL-3 licence since according to the petitioner, it became essential to have a bar facility at the hotel. Ext.P2 is the application. According to the petitioner had had complied with all the requirements under Rule 13(3) of the Foreign Liquor Rules. The 2nd respondent issued Ext.P3 order rejecting the petitioner's application on the ground that there are 67 bar attached hotels at present functioning in Cochin ::2:: W.P.(C).No.22312 Of 2011 Corporation area and that the local needs do not justify the granting of one more FL-3 licence to a hotel. 3. The petitioner submits that Ext.P3 order was issued without considering the request of the petitioner, without any rationale and without hearing the petitioner. According to the petitioner, the 2nd respondent only took note of totally irrelevant factor for declining relief to the petitioner. It is pointed out that there are only 6 four star hotels in the entire Ernakulam District, that there is a dire need for more four star hotels in Cochin with bar facility to cater the needs of tourists and others and that the existing hotels are not sufficient to meet the demands. The petitioner submits that the blanket statement that there are 67 bar hotels in Cochin is not a valid reason to reject petitioner's application. It is also pointed out that the local needs of the people in the area cannot be subjectively determined by the 2nd respondent without having any data or statistics regarding the drinking habits of the people. There has to be an objective assessment, based on cogent materials. ::3:: W.P.(C).No.22312 Of 2011 4. The reason that since there are 67 bar hotels already, there is no need for one more bar licence hotel does not stand to reason. The reasons stated for declining grant of licence stating that 67 bar hotels would cater to the needs of the local people is without any basis and without objective assessment. The reasons stated for declining licence does not stand to reason especially when the applicant is a hotel with four star facility. The matter was not considered in the proper perspective. 5. Rule 13(3) of the Foreign Liquor Rules specifically authorises the Government to grant FL-3 licence for retail sale of liquor in the hotels with star classification 3 and above and which is for the purpose of tourism promotion. City of Cochin functions as a big tourist centre and it is for the State to provide all modern facilities and the availability of liquor in star hotels is certainly a facility which is required for tourism promotion. The customers of the petitioner's hotel enjoying the four star facilities reasonably expect the facility of a bar in such hotels. Therefore, there should be an objective consideration of the request of the petitioner who intends to provide bar facility to its customers. ::4:: W.P.(C).No.22312 Of 2011 6. For the aforesaid reasons, Ext.P3 cannot stand and accordingly, Ext.P3 is quashed. This Court direct the 2nd respondent to reconsider the application afresh and pass appropriate orders taking into consideration all the relevant materials including the fact that the petitioner's hotel is a four star classification hotel. The order shall be passed within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-