IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 WP(C).No. 35438 of 2010(D) -------------------------- PETITIONER: --------------- HOTEL PERINTOTTUKARA PALACE(P) LTD., PERINGOTTUKARA, THRISSUR DISTRICT, REP. BY ITS CHAIRMAN, P.S.VINAYAN. BY ADV. SRI.C.C.THOMAS, SENIOR ADVOCATE SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE JOINT EXCISE COMMISSIONER, CENTRAL ZONE, ERNAKULAM. 4. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR. 5. THE CIRCLE INSPECTOR OF EXCISE, THRISSUR. BY GOVT. PLEADER SMT. K.R DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 35438 OF 2010 -------------------------- Dated this the 26th day of November, 2010 J U D G M E N T The petitioner is a company registered under the Companies Act, 1956. It is running a hotel at Peringottukara in Thrissur district. With a view to obtain an FL3 licence to run a bar in the hotel, the petitioner submitted Ext.P1 application before the Excise Commissioner. Ext.P1 application was forwarded by the Circle Inspector of Police to the Excise Commissioner through the Deputy Commissioner of Excise and the Assistant Excise Commissioner. Exts.P2 to P4 are the recommendations made by the said officers. However the Excise Commissioner rejected the application for issuance of FL3 licence and communicated the decision to the petitioner by Ext.P5 letter dated 7.11.2010 on the ground that within the distance of 60 metres a Madrasa named Darul Duda is situated. Aggrieved by Ext.P5, the petitioner has filed Ext.P6 revision petition before the State Government invoking the power of the Government under rule 40 of the Foreign Liquor Rules. In this writ petition, the petitioner seeks a direction to the State Government to consider Ext.P6 revision petition and take a decision thereon within a time WPC No. 2 limit to be fixed by this Court. 2. The learned Government Pleader appearing for the respondents submitted that the original of Ext.P6 has been received and is pending and that the Government will take a decision in the matter at the earliest. In the light of the said submission I dispose of this writ petition with a direction to the first respondent to consider Ext.P6 revision petition and take an appropriate decision thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Taxes Department. Needless to say, the Government shall afford the authorised representative of the petitioner a reasonable opportunity to put forward the petitioner's contentions before a final decision is taken on Ext.P6. The Government shall also ascertain the views of the departmental authorities while taking a decision in the matter. P.N.RAVINDRAN, (JUDGE) vps WPC No. 3 WPC No. 4