Kerala High Court
M/S. Edassery Resorts vs State Of Kerala on 27 January, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2017/22ND BHADRA, 1939
WP(C).No. 27060 of 2017 (F)
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PETITIONER(S):
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M/S. EDASSERY RESORTS
KATTAPPANA, IDUKKI DISTRICT,
REPRESENTED BY ITS MANAGING PARTNER,
E.J.DAVIS, AGED 64 YEARS,
S/O. E.M.JOSEPH (LATE).
BY ADVS.SRI.C.C.THOMAS (SR.)
SRI.M.G.KARTHIKEYAN
SRI.NIREESH MATHEW
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY SECRETARY,
TAXES(A)DEPARTMENT,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2. THE EXCISE COMMISSIONER
COMMISSIONERATE OF EXCISE,
THIRUVANANTHAPURAM - 695 033.
3. THE DEPUTY COMMISSIONER OF EXCISE
IDUKKI (OFFICE AT THODUPUZHA)-685 585.
4. THE CIRCLE INSPECTOR OF POLICE
UDUMBANCHOLA, IDUKKI DISTRICT-685 554.
5. THE HOTEL & RESTAURANTS APPROVAL AND
CLASSIFICATION COMMITTEE (HRACC),
MINISTRY OF TOURISM, C1-HUTMENTS,
DALHOUSIE ROAD, NEW DELHI-110 011,
REPRESENTED BY ITS MEMBER SECRETARY.
6. THE HOTEL & RESTAURANTS APPROVAL AND
CLASSIFICATION COMMITTEE (HRACC)(SOUTH),
REPRESENTED BY ITS REGIONAL DIRECTOR & CONVENER,
SOUTHERN REGIONAL OFFICE, 154, ANNA SALAI,
CHENNAI -600 002.
R1 TO R4, BY GOVERNMENT PLEADER, SRI.K.P.HARISH
BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
R5 & R6 BY SRI. K.R.RAJMUMAR, C.G.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13-09-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 27060 of 2017 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 PHOTOCOPY OF THE STAR CLASSIFICATION ORDER DATED
27.1.2011 ISSUED BY THE REGIONAL DIRECTOR,
MINISTRY OF TOURISM, CHENNAI.
EXHIBIT P2 PHOTOCOPY OF THE FL-3 LICENSE NO.24/IDK ISSUED TO
THE PETITIONER
EXHIBIT P3 PHOTOCOPY OF THE FL-11 LICENSE NO.IDK-28 ISSUED TO
THE PETITIONER FIRM
EXHIBIT P4 PHOTOCOPY OF THE ORDER DATED 25.4.2017 IN WPC NO.
14401/2017 PASSED BY THIS HON'BLE COURT.
EXHIBIT P5 PHOTOCOPY OF THE ORDER NO.I.D2-3064/17 DATED
20.5.2017 PASSED BY THE 3RD RESPONDENT
EXHIBIT P6 PHOTOCOPY OF THE LETTER DATED 27.7.2015 SENT TO
THE 6TH RESPONDENT
EXHIBIT P7 PHOTOCOPY OF THE PRINT OUT TAKEN FROM THE WEBSITE
OF THE H & R DIVISION, MINISTRY OF TOURISM.
EXHIBIT P8 PHOTOCOPY OF THE TRACK APPLICATION STATUS OF THE
PETITIONER'S HOTEL
EXHIBIT P9 PHOTOCOPY OF THE MEMORANDUM OF UNDERTAKING.
EXHIBIT P10 PHOTOCOPY OF THE LETTER SENT TO THE PRINCIPAL,
IHMCT, KOVALAM.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
PA TO JUDGE
rk
SHAJI P.CHALY,J.
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W.P.(C).NO. 27060 OF 2017
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Dated this the 13th day of September,2017
JUDGMENT
Petitioner was conducting a three star classified hotel from 1998. Thereafter, re-classification was done on several occasions and finally for a period of 5 years from 21.12.2010, evident from Ext.P1 certificate. Petitioner was conducting an FL-3 license, evident from Ext.P2 from 30.06.2000 and it was conducted upto 31.03.2015. Consequent to the change of policy of the Government then, the license was discontinued and the licensees were provided with FL-11 license as per Rule 13(11B) of the Foreign Liquor Rules. The said license is renewed upto 31.03.2017, evident from Ext.P3. Matters being so, petitioner applied for re- classification of the hotel during 2015 and according to the petitioner, the same is scrutinised successfully and inspection was conducted on 13.02.2017. However, the certificate is not issued on the ground that HSR completion certificate of twenty candidates are not produced. According to the petitioner, petitioner has already sent 30 candidates to the institute at Kovalam as per Ext.P9 and they are undergoing training from 01.08.2017. It is also stated that, petitioner will be able to produce certificate before the statutory authority on or before 31.10.2017.
2. However, the fact remains, due to the change of policy in the year 2017, petitioner is entitled to secure FL-3 license, but, on condition that, the petitioner is having three star classification as provided in 6th proviso to Rule 13 (3) of the Foreign Liquor Rules.
3. It is also contended that, the production of HSR certificate is only an empty formality and there is nothing standing in the way of the 5th and 6th respondent, issuing a certificate to the petitioner for three star classification.
4. Heard learned Senior Counsel for the petitioner, learned Senior Government Pleader and learned Counsel appearing for the respondents 5 and 6. Perused the pleadings and documents on records.
5. The fact discussions made above would make it clear that, an FL-3 license can only be issued by the authority, only if the petitioner is having a three star classification. Admittedly, three star classification issued to the petitioner has expired long back and it was thereupon that petitioner has submitted an application which is pending consideration. A statement is filed by the 5th and 6th respondents stating that, HSR certificate is a pre-requisite for issuing a re-classification certificate for a three star category and therefore the petitioner is not entitled to get the certificate without producing the certificate before the 5th and 6th respondents.
6. Since the license application for FL-3 can only be considered by the statutory authority, only on production of re-classification certificate, no order can be granted by this Court to issue provisional license to the petitioner. However, if the petitioner makes any application before respondents 5 and 6 seeking issuance of re-classification certificate, pending HSR certificate, from the appropriate authority, the same shall be considered by the respondents 5 and 6 within a month from the date of receipt of the application from the petitioner, in accordance with law. If the petitioner produces necessary re-classification certificate, I have no reason to think that, the statutory authority will not consider the application submitted by the petitioner for FL-3 license.
This writ petition is disposed of accordingly.
Sd/-
SHAJI.P.CHALY JUDGE rk/15.09.2017