IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT :- THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN TUESDAY, THE 15TH NOVEMBER 2011 / 24TH KARTHIKA 1933 W.A.No.1676 of 2011 ---------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.16893/2011-J, DATED 20/08/2011 .................... APPELLANTS (RESPONDENTS 1 TO 4):- --------------------------------------------------------- 1. THE EXCISE COMMISSIONER, COMMISSONERATE OF EXCISE, THIRUVANANTHAPURAM. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, TAXES (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DEPUTY COMMISSIONER OF EXCISE, KANNUR. 4. THE CIRCLE INSPECTOR OF EXCISE, KANNUR. BY GOVERNMENT PLEADER SRI.GEORGE MECHERIL. RESPONDENTS (PETITIONER & RESPONDENT NO.5):- ------------------------------------------------------------------------------ 1. M/S.K.K.BUILDERS, PERAVOOR, KANNUR DISTRICT, REPRESENTED BY ITS MANAGING PARTNER, K.K.MOHANDAS,S/O. LATE K.K.KUNJIRAMAN. 2. KANNUR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, KANNUR. R1 BY ADV.SRI.C.C.THOMAS (SENIOR ADVOCATE) SRI.NIRESH MATHEW. R2 BY STANDING COUNSEL SRI.A.S.SAJUSH PAUL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- C.N. RAMACHANDRAN NAIR, & K. VINOD CHANDRAN, JJ ---------------------------------------------------- W.A No. 1676 of 2011 ---------------------------------------------------- Dated this the 15th day of November, 2011 J U D G M E N T C.N. Ramachandran Nair , J Appeal is filed by the State against the judgment of the learned single Judge granting FL3 Licence to the first respondent to run a Bar Hotel in the Three Star hotel, called “Broad Bean” constructed under the BOT Scheme of the Municipality. 2. We have heard the learned Government Pleader for the appellants, senior counsel Sri. C.C Thomas for the first respondent and the learned Standing Counsel appearing for the Municipality. 3. After hearing both sides and after going through the impugned judgment, we notice that the learned Single Judge directed the Excise Commissioner to grant licence only because the Government and the local authority supported first respondent's entitlement for a Bar licence. The Excise Commissioner seems to believe that the building in which Bar licence applied for is a Guest House and not a hotel. We do W.A No.1676/2011 : 2 : not know on what context he can treat a hotel as a guest house. A guest house is normally one attached to an organization for accommodating guests. On the other hand, the first respondent has started the hotel on commercial lines providing accommodation, food and liquor on chargeable basis at commercial rates. The hotel was also granted three star classification by the Indian Tourism Department. So much so, the Excise Commissioner's objection is based on an absolute wrong assumption that the hotel is a guest house. 4. We therefore, do not find any merit in the Writ Appeal and consequently, the same is dismissed. However, we grant another two weeks time to the Excise Commissioner to issue licence. If any formalities are to be complied with, including payment, the first respondent will make the payment on demand by the concerned Excise officials. C.N. RAMACHANDRAN NAIR (Judge) K. VINOD CHANDRAN (Judge) jma