Kerala High Court
State Of Kerala vs B.Surendra Das on 10 August, 2011
Author: C.N.Ramachandran Nair
Bench: C.N.Ramachandran Nair
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 10TH DAY OF JANUARY 2012/20TH POUSHA 1933
W.A.No.11 of 2012
AGAINST THE JUDGMENT IN W.P.(C) No.20178/2011-V,
DATED 10.08.2011.
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APPELLANTS/RESPONDENTS 1 AND 2:-
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1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
TAXES (A) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
2. THE COMMISSIONER OF EXCISE,
COMMISSIONERATE OF EXCISE,
THIRUVANANTHAPURAM.
BY SENIOR GOVERNMENT PLEADER SRI.GEORGE MECHERIL.
RESPONDENT/PETITIONER:-
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B.SURENDRA DAS, S/O.LATE BHANU PANICKER,
'SREE VISAKH', AMBALATHARA, POONTHURA P.O.,
THIRUVANANTHAPURAM.
BY ADV. SRI.K.B.PRADEEP.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION
ON 10-01-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:-
C.N.Ramachandran Nair &
K.Vinod Chandran, JJ.
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W.A.No.11 of 2012
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Dated this, the 10th day of January, 2012
JUDGMENT
C.N.Ramachandran Nair,J.:
The judgment under appeal is one issued by the learned Single Judge directing the appellants to consider grant of a FL-3 licence to respondent's hotel, which is located in Poovar, which is a tourism centre in Thiruvananthapuram.
2. We have heard learned Senior Government Pleader appearing for the appellants and Advocate Sri.K.B.Pradeep appearing for the respondent.
3. We do not think, the appellants have any grievance against the directions issued by the learned Single Judge to them to consider grant of a FL-3 licence to respondent's hotel because on the merits the Single Judge has not given any finding. While the appellants' case is that subsequent to the judgment there is a policy change in as much as the Government has decided not to grant FL-3 licence to Three Star hotels, the learned counsel for the respondent submitted that respondent's hotel is in a tourism centre as it is located in Poovar near a beach, which attracts lot of foreign tourists. W.A.No.11 of 2012 - 2 - The Government's policy should always be to encourage tourism promotion and in this context, the respondent's case deserves to be considered keeping in mind the foreign tourists attracted to hotels in Poovar and Kovalam. So far as the policy decision of the Government, we do not know how Government can permit renewal of licence to existing hotels, but at the same time deny new licence to same category of hotels. In any case, these are matters not considered by the Government. It is for the Government to take note of the entire facts and circumstances and also the tourism policy of the Government and to consider respondent's application.
Leaving open all the matters to be considered by the Government, we dispose of the Writ Appeal by directing the Government to pass orders on respondent's application before February 15, 2012.
Sd/-
C.N.Ramachandran Nair, Judge Sd/-
K.Vinod Chandran, Judge.
vku/-
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