IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WA.No. 536 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.9504/2011 Dated 28/03/2011 .................... APPELLANT(PETITIONER IN WP(C) ---------------------------------------------------- SAJAN VARGHESE, MANAGING DIRECTOR, SAJ HOLDINGS (P) LTD., SAJ EARTH RESORT, AKAPARAMBU, NEAR COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERY, COCHIN-683590. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENT(S)/RESPONDENTS IN WP(C): ------------------------------------------------------------ 1. THE EXCISE COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 695001. 2. THE DEPUTY COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM 695001. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERN MENT, TAXES DEPARTMENT, GOVERNEMENT SECRETARIAT, THIRUVANANTHAPURAM 695001. SR.GOVT.PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.CHELAMESWAR, C.J. & ANTONY DOMINIC, J. =============================== W.A. NO.536 OF 2011 =================== Dated this the 12th day of April, 2011 J U D G M E N T J.Chelameswar, C.J. The issue raised in the writ petition is regarding the entitlement of the appellant for an FL-3 licence under the Kerala Foreign Liquor Rules. The prayers in the writ petition are as follows:- (i)issue a writ of mandamus, or any other appropriate writ, order or direction, commanding the respondents to treat Ext.P2 order as one for the grant of FL-3 licence to the petitioner for the Abkari year 2011- 2012. (ii)issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to permit the petitioner to remit Rs.22,00,000/- on 1.4.2011 and avail FL-3 licence for the period from 1.4.2011 to 31.3.2012. (iii)issue such other appropriate writ, order or direction which this Hon'ble court may deem fit in the circumstances of the case. 2. In view of the pendency of the writ petition, we do not propose to go into the merits of the case. Having heard the learned counsel for the appellant Sri.K.P.Dandapani and the WA No.536/11 : 2 : learned Government Pleader, we are of the opinion that in view of the fact that by order dated 14th March, 2011, the respondents opined that the appellant is entitled for FL-3 licence for the excise year 2010-11, which ended on 31st March, 2011, we deem it appropriate to direct as follows:- (1)The appellant shall make an application for the grant of FL-3 licence for the year 2011-12.The same shall be considered and disposed of in accordance with law by the respondents within two weeks of the receipt of the application. (2)In view of the fact that, by order dated 14/3/2011, the respondents opined that the appellant was entitled for the said licence for 2010-11 excise year after examining the various documents, respondents may not insist upon the production of fresh documents. The appeal is accordingly disposed of. J.CHELAMESWAR CHIEF JUSTICE. ANTONY DOMINIC JUDGE. Rp