IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 32731 of 2008(V) -------------------------- PETITIONER(S): --------------- BIJU RAMESH, AGED 43 YEARS, S/O.LATE G.RAMASAN, 'SAMTHRUPTHI' EAST FORT, THIRUVANANTHAPURAM-23. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TAXES (A) DEPARTMENT,GOVT.SECRETARIAT THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER COMMISSIONERATE OF EXISE, THIRUVANANTHAPURAM. 3. THE ASST. EXCISE COMMISSIONER THIRUVANANTHAPURAM. SHRI.K.V.UNNIKRISHNAN, G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.32731 of 2008 ================== Dated this the 6th day of November, 2008 J U D G M E N T The petitioner is the proprietor of a hotel. Originally the same was classified as a Three Star hotel. The petitioner earlier applied for an FL-3 licence, which was not considered apparently since the same could not be given as the petitioner's hotel had only Three Star classification and therefore, distance rule applicable to three star hotels was applicable. Now the petitioner claims that the petitioner's hotel has been classified as Four Star category and therefore, the distance rule as applicable to three star hotels would not presently apply to the petitioner's hotel. Based on such classification the petitioner again applied for a licence, by Ext.P4. The petitioner's grievance in this writ petition is that the same is not being considered. 2. I have heard the learned Government Pleader also. 3. When an application is filed for a licence, the 2nd respondent has a duty to consider and pass orders on the same in accordance with law. In the above circumstances, I dispose of this writ petition with a direction to the 2nd respondent to w.p.c.32731/08 2 consider and pass orders on Ext.P4 in consultation with the 1st respondent, as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment. The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the 2nd respondent for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge