IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WA.No. 1843 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.29690/2011 DATED 11/11/2011 .................... APPELLANT(S): / PETITIONER -------------- M/S.DASS ASSOCIATES,THRISSUR (HOTEL DASS CONTINENTAL), SAKTHAN THAMPURAN NAGAR, THRISSUR-1 REPRESENTED BY ITS MANAGING PARTNER, K.B.PADMADAS,AGED 50 YEARS, S/O.K.V.BALAKRISHNAN(LATE) BY ADV. SRI.M.G.KARTHIKEYAN SRI.NIREESH MATHEW RESPONDENT(S): / RESPONDENTS --------------- 1. STATE OF KERALA, REP.BY SECRETARY, TAXES(A) DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM, PIN - 695 001. 3. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR, PIN - 680 001. 4. THE CIRCLE INSPECTOR OF EXCISE THRISSUR, PIN - 680 001. 5. THE REGIONAL DIRECTOR, INDIA TOURISM,SOUTHERN REGION, CHENNAI, PIN - 600 002. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R5 MR.GEORGE MECHERIL, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.A. No.1843 of 2011 .................................................................... Dated this the 6th day of December, 2011. J U D G M E N T Ramachandran Nair, J. The appellant is a bar hotel which has three star classification for the hotel for 5 years, which was ending on 15/11/2011. The appellant has a bar licence issued in FL-3 by the Excise authorities. Even though licence fee was collected up to 31/03/2012, the appellant’s licence is valid only up to 15/11/2011, which is with star classification approval granted by the India Tourism Department. The appellant has filed an application for renewal of star classification certificate in May, 2011. However, appellant’s grievance is that so far no inspection is conducted and no orders are issued because most of the Officers are involved in criminal cases filed by the CBI. The learned Single Judge in the judgment in WP(C) No.32025/2011 dated 01/12/2011 directed the India Tourism Department to pass final orders on appellant’s application for renewal of classification within three weeks of production of the judgment. If orders are W.A.No.1843/2011 2 issued approving the classification, then certainly the appellant will be entitled to continue the bar licence until 31/03/2012 by virtue of the licence already issued, which necessarily has to be renewed until 31/03/2012. Whether classification certificate is renewed or not, we do not want to deal with the appellant’s entitlement for renewal of licence for the next financial year, which will depend on the policy yet to be framed and announced by the Government. In view of the above developments, we direct the 2nd respondent to renew the licence until 31/03/2012 or until rejection of the appellant’s request for continued classification of their hotel as a three star hotel if it happens, whichever is earlier. This Writ Appeal is allowed in part as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg