IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 30272 of 2008(D) -------------------------- PETITIONER(S): ---------------- AMMIN PRASAD, W/O.AJITH PRASAD,POURNAMI, KARAKKAD MURI, MULAKKUZHAL VILLAGE, CHENGANNUR TALUK. BY ADV. SRI.K.RAVEENDRAN SRI.ANIL KUMAR M.SIVARAMAN RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, EXCISE DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, STATE OF KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, SOUTHERN ZONE, THIRUVANANTHAPURAM. 4. THE ASSISTANT COMMISSIONER OF EXCISE, ALAPPUZHA. GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.30272 OF 2008 ---------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT The petitioner applied for a FL-3 licence in his hotel. The petitioner proposes to establish the bar in the 4th floor of a multi- storied hotel for which the FL-3 licence has been applied for. The licence was refused on the ground that the hotel comes within the prohibited distance from a Church. The petitioner's contention in this writ petition is that although the distance from the gate of the hotel to the Church is within the prohibited distance, if the distance is measured from the church to the bar room on the 4th floor, then it would be beyond the prohibited distance. The petitioner, therefore, seeks the following reliefs: “i) Issue a writ in the nature of certiorari or any other appropriate writ, direction or order calling for the records leading upto Exts.P3 and Ext-P4 and quash the same. ii) Issue a writ in the nature of mandamus or any other appropriate writ direction or order commanding the respondents to consider and dispose of Ext.P2 application afresh and grant the bar licence FL3 to the Bar of the Petitioner.” W.P.(c)No.30272/08 2 2. I have heard the learned counsel for the petitioner as also the learned Government Pleader. 3. In Rule 13(3) of the Foreign Liquor Rules, which deals with FL-3 licences, what is stated is that no licence shall be issued, if the hotel for which licence is applied for is within the prohibited distance from a Church. Therefore, the distance to be measured is between the hotel and the Church and not between the bar room and the Church as claimed by the petitioner. Admittedly, the distance between the hotel and the Church is within the prohibited distance. That being so, I do not find any merit in the contentions of the petitioner that the distance has to be measured between the bar room in the 4th floor of the hotel and the Church. In the above circumstances, the learned counsel for the petitioner seeks permission to convert the application to another category of licence, which would not be hit by the distance rule. It would be open to the petitioner to do so. With the above observation this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.30272/08 3