IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 16980 of 2011(V) -------------------------------------- PETITIONER: ------------------- C.D.JOSHY, MANAGING PARTNER, HOTEL CEE DEE REGENCY, ANICODE, CHITTOOR, PALAKKAD DISTRICT. BY ADVS. SRI.C.P.SAJI, SMT.P.DEEPTHI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, EXCISE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 004. 2. THE COMMISSIONER OF EXCISE, OFFICE OF THE COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM – 695 001. 3. THE DEPUTY COMMISSIONER OF EXCISE, PALAKKAD. R1 TO R3 BY GOVT. PLEADER SRI. K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16980/2011-V: APPENDIX PETITIONERS' EXHIBITS: P.1: COPY OF THE FL-3 LICENCE NO.P21/05-06 ISSUED TO THE PETITIONER BY THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. P.2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DTD. 06/08/2010. P.3: COPY OF THE S.R.O.NO.506/2009 DTD. 17/06/2009. P.4: COPY OF THE ORDER OF THE R.2. DTD. 13/10/2010. P.5: COPY OF THE LETTER DTD. 31/10/2010. P.6: COPY OF THE PROCEEDINGS OF THE R.2. DTD. 12/01/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. HARUN –UL-RASHID,J --------------------------------------- W.P.(C)No. 16980 of 2011 --------------------------------------- Dated this the 9th day of August 2011 JUDGMENT Learned Government Pleader takes notice for respondent No.1. This writ petition is filed for a direction directing the respondents to give permission to the petitioner to establish additional bar counter in the bar room of the licensed premises in the bar hotel run by the petitioner on payment of required annual fee as provide in Rule 13 (3C) of Foreign Liquor Rules; 2. Petitioner is the Managing Director of M/s. Hotel Cee Dee Regency, Anicode, Chittur, Palakkad. Petitioner is the holder of FL-3 license No.P21/05-06. The license was renewed from time to time. It is stated that since only one bar counter is operating in the bar hotel, customers of the hotel need to wait more time for consumption of the liquor. It is averred in the writ petition that for providing convenience to the customers the petitioner intended to provide more facilities and to reduce the congestion in the existing bar counter. He applied to the W.P.(C) No. 16980/2011 2 authorities for permission to open additional bar counter within the licensed bar room. Ext.P2 is the application. It is pointed out that Rule 13(3C) of the Foreign Liquor Rules facilitates license holder of FL-3 license to maintain more than one bar counter within the licensed bar room with prior permission and on payment of additional annual fee for each of such bar counters. 3. The grievance of the petitioner is that without considering the notification and without considering the grievance of the petitioner the 2nd respondent has rejected Ext.P2 application stating the reason that the petitioner has not convinced about the necessity of an additional bar counter in the bar room for the petitioner’s licensed premises. Ext.P4 is the order passed by the 2nd respondent dated 13.10.2010. 4. Learned Government Pleader on instructions submits that the 2nd respondent shall reconsider Ext.P2 application. The contentions raised by the petitioner which was referred in the writ petition have not been considered while passing Ext.P4. No reasons are stated for rejecting W.P.(C) No. 16980/2011 3 the request of the petitioner except stating that the 2nd respondent is not convinced about the necessity of opening additional counter. Nothing has been considered for arriving at such conclusion. The necessity to open additional bar counter are stated in Ext.P2 application and explained and narrated in detail in the writ petition. In the above facts and circumstances, this Court is of the view that Ext.P2 needs consideration afresh. Therefore, Ext.P4 order is quashed. There will a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P2 application afresh after affording an opportunity of hearing to the petitioner. The order shall be passed within a period one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. HARUN-UL-RASHID JUDGE al