IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(C).No. 18597 of 2011(Y) -------------------------- PETITIONER: --------------- RESMY ABRAHAM, D/O.P.S. ABRAHAM, PUTHENPURAYIL HOUSE, KURICHY.P.O, KOTTAYAM. BY ADV. MR.M.P.MADHAVANKUTTY MR.GOKUL DAS V.V.H. MS.A.SABITHA RESPONDENTS: --------------- 1. KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM, REPRESENTED BY ITS SECRETARY. 2. SECRETARY, KOTTAYAM MUNICIPALITY, MUNICIPAL OFFICE, KOTTAYAM. ADV. MR.SIBY MATHEW FOR R1 & 2 MR.PHILIP J.VETTICKATTU FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18597 of 2011(Y) JUDGMENT THE LEARNED COUNSEL FOR THE PETITIONER SUBMITTED THAT THE MATTER HAS BECOME INFRUCTUOUS. ACCORDINGLY, THE WRIT PETITION IS DISMISSED AS INFRUCTUOUS. 15.7.2011 SD/- HARUN-UL-RASHID, JUDGE. APENDIX PETITIONER'S EXHIBITS: EXT.P1: RECEIPT DTD. 25.5.2011. EXT.P2: REPRESENTATION DTD. 16.6.2011 SUBMITTED BEFORE R2. EXT.P3: PASSPORT ISSUED TO THE PETITIONER. RESPONDENTS' EXHIBITS : NIL ..... // TRUE COPY // P.A TO JUDGE. ANTONY DOMINIC, J. ------------------------------------------------------------------ W.P.(C) Nos.18597/2011,18630/2011,18917 /2012 & 18998/2012 -------------------------------------------------------------------- Dated this the 16th day of August, 2012 J U D G M E N T Issue raised in these writ petitions are common and therefore these cases were heard together and are disposed of by this common judgment, treating writ petition(c).No.18597/2002 as the leading case. 2. Petitioner has constructed a hotel, which according to them, have all facilities and is established for classification as a four star hotel. Accordingly, they made Ext.P1 application to the first respondent, along with the required documents, requesting for classification of their hotel as a four star hotel. By Ext.P2 order dated 3.8.2012, the first respondent rejected the application of the petitioner stating that; “As per the Ministry of Tourism existing revised guidelines for Classification/Re-classification of Hotels Bar Licence is mandatory where ever bar is allowed as per local laws.” 3. According to the petitioner, a similarly situated person, who has filed writ petition(c).No.18630/2012, submitted an application for licence in Form FL-3 to be issued under the Foreign Liquor Rules WPC.Nos. 18630/2011 & others. :2 : framed under the Abkari Act without obtaining four star classification and that the application was rejected as per Ext.P3 order dated 16.7.2012 requiring the applicant to produce star classification certificate from the Ministry of Tourism, Government of India for considering the application. It is in such circumstances, the petitioner has filed this writ petition, contending that to obtain bar licence mentioned in Ext.P2, they are required to have four star classification and therefore insistence on the production of bar licence is against clause 8(f) of the revised guidelines issued by the first respondent itself. 4. Clause 8(f) of the revised guidelines issued with effect from 30.6.2012, reads as under. “Bar license(necessary for 4 star, 5 star, 5 star Deluxe, heritage Classic & Heritage Grand categories). Wherever bar licence is prohibited for a hotel as per the local law, the bar will not be mandatory and wherever bar is allowed as per the local laws, then the hotel will have to obtain bar license first and then apply for classification to the Ministry of Tourism.” 5. A reading of this provision shows that, where ever bar licence is prohibited for a hotel as per the local law, bar will not be mandatory for entertaining an application for classification of a hotel as sought for by the petitioner. In so far as the State of Kerala is concerned, the local law governing the grant of bar licence is the WPC.Nos. 18630/2011 & others. :3 : Abkari Act and the Rules framed thereunder. Rule 13(3) of the Foreign Liquor Rules specifies that licence may be issued by the Commissioner of Excise only to hotels which, among others, have at least four star classification. Therefore there is a prohibition against grant of bar licence to hotels which are not having 4 star classification and availability of Bar licence, if insisted is a condition, which is impossible of compliance. In such a case, in view of the language of clause 8(f) of the revised guidelines, the respondent could not have refused to entertain the application of the petitioner on the ground that the petitioner does not possess bar licence. In that view of the matter, I am unable to uphold Ext.P2 order issued by the first respondent, rejecting the application of the petitioner for four star classification. 6. In that view, I dispose of writ petition(c)No.18597/2012 directing that it will be open to the petitioner to resubmit the application to the first respondent, who thereupon shall, accept the application without insisting, on the production of a bar licence, consider the same and pass orders thereon in terms of the guidelines governing the star classification. This shall be done at any rate within 8 weeks of receipt of the application. WPC.Nos. 18630/2011 & others. :4 : 7. In so far as writ petition(c).Nos.18630 & 18917/2012 are considered, contention of the petitioners is that for want of bar licences their applications for star classification were refused to be accepted by the first respondent. In the light of the judgment in writ petition(c).No.18597/2012, I direct that it will be open to the petitioners herein to submit their application and on submission thereof, the same shall be accepted, processed and orders passed as directed above. 8. In so far as writ petition(c).No.18998/2012 is concerned, the application of the petitioner was rejected by Ext.P2 for want of bar licence. For the aforesaid reasons, the petitioner is directed to resubmit his application which shall be considered and orders thereon shall be passed in the manner as directed above. Writ Petitions are disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.Nos. 18630/2011 & others. :5 : WPC.Nos. 18630/2011 & others. :6 :