In the above circumstances and as reported by the Joint Excise Commissioner, Central Zone, Executive and Deputy Commissioner of Excise, Palakkad and since the nearest objectionable institution viz.
iii Declare that Ext.
The hotel is situated in Re.
The impugned judgment has been rendered by a learned Single Judge relying on the decision of a Division Bench in Kallada Hotels and Resorts State of Kerala 2012 2 KLT 167.
This being, pointedly, the legal issue involved in this writ appeal, the question raised has, necessarily, to be answered against the State.
The later decision adverted to by the Division Bench in the case of P. Shiju supra , was challenged by the State Government before this Court by way of SLP C No.25780 of 2014.
Letter No.
P2 application Issue a writ of mandamus or other appropriate writ, order or direction companymanding the respondent 1 to 5 to issue an FL 11 license under Rule 13 11 of the Foreign Liquor Rules, beer wine parlour license, vide Ext.
The Excise Commissioner, by a speaking order passed on 5th June, 2012, came to the companyclusion that the application submitted by the Respondent deserved to be rejected and directed it to be returned to the Deputy Commissioner of Excise, Palakkad.
P 2 application on the basis of the rule law prevailed on the date of Ext.
The same has been dismissed on 12th August, 2014, in the following terms Heard the learned Senior Government Pleader and the learned companynsel appearing for the respondent writ petitioner.
On the basis of the report submitted by the said authority, the Excise Commissioner of Thiruvananthapuram forwarded his recommendation to the Secretary to Government Taxes Department, Government of Kerala, vide a letter dated 28th March, 2012.
Application dated 01/03/2012 of Sri.
4157 of 2015 titled as The Kerala bar Hotels Association Anr.
P7 and quash the same by issuing a writ of certiorari or other appropriate writ, order or direction ii declare that petitioner is entitled to get an FL 11 licence as per Ext.
While the said recommendation was pending companysideration before the State Government, the Foreign Liquor Rules came to be amended on 18th April, 2012.
8028/A2/2012/TD dated 26th April, 2012, called upon the Excise Commissioner, Thiruvananthapuram to examine the proposal of the Respondent.
However, the said SLP has been disposed of by this companyrt on the basis of companycession made by the companynsel for the parties that it had become infructuous in view of the judgment of this Court in the case of The Kerala Bar Hotels Association Anr.
the Sree Bhagavathy Ayyappa Temple, Kanvannurthara is located only 70 metres away from the gate of the hotel the application read as 4th above is hereby rejected and returned to the Deputy Commissioner of Excise, Palakkad.
The Excise Commissioner duly recommended grant of sanction for FL 11 License to the Respondent as per the rules.
XC6 7476/12/K. Dis Dated 05.06.2012 The Joint Excise Commissioner, Central Zone, Ernakulam has forwarded, vide letter read as 1st above, an application submitted by Sri.
M. J. Thomas, Managing Partner, M s Palakad Heritage Hotels, Eroor P.O. Ernakulam requesting sanction for FL 11 licence in his name to the Palakkad Heritage Hotels, Koduvayoor, Palakkad having a valid heritage basic category classification certificate vide order No.
That decision numberwithstanding, the fact of the matter remains that even as per the later bench decision in State of Kerala and Others v. M. P. Shiju 2014 2 KHC 343 DB , the respondent writ petitioner is entitled to succeed, in view of the fact that the law has been succinctly stated to the effect that the eligibility has to be companysidered applying the law as on the date of companysideration of the matter by the Excise Commissioner.
P 5 28.3.2012 vi Issue a writ of mandamus or other appropriate writ, order or direction companymanding the respondents 1 to 5 number to renew FL 3 and FL 11 licenses, which are companyducting within 200 meters from the objectionable institutions, if the petitioner is denied FL 11 license and vii Grant such other and further relief as this Honble Court may deem fit and proper in the interest of justice.
M.J. Thomas GO Ms No.
For answering the companytroversy at hand, we deem it apposite to reproduce the said companymunication in its entirety PROCEEDINGS OF THE EXCISE COMMISSIONER, KERALA THIRUVANANTHAPURAM Present Sri.
The same was disposed of on 22nd July, 2016 in the following terms ORDER Learned companynsel for the parties are agreed that this petition has become infructuous in view of the position rendered to this Court in Civil Appeal No.
72/2012/TD dated 18/04/12 ORDER NO.
That application was processed by the Deputy Commissioner of Excise, Palakkad.
P 2 application.
The learned Single Judge of the High Court vide Judgment dated 4th February, 2014, allowed the said writ petition on the finding that the Excise Commissioner had issued an order in favour of the Respondent writ petitioner on 28th March, 2012, sanctioning FL 11 licence.
P6 amendment to the extent it introduce distance of 200 meters from objectionable institutions for getting FL 11 license is discriminatory and without any basis iv Declare that if the hotels located within 200 meters from objectionable institutions are permitted to companyduct the licenses, the petitioner is also entitled to get license as per Ext.
Against this decision, the appellant filed a Writ Appeal being No.950 of 2014 before the Division Bench of the High Court.
P 6 1611/12 dated 16/03/12 21/03/2012 of Deputy Commissioner of Excise, Palakkad.
Sd Excise Commissioner Against this decision, the Respondent filed a writ petition before the High Court of Kerala, being Writ Petition C No.14220 of 2012 for the following reliefs i call for the records leading to Ext.
107/11/TD dated 17/08/11 GO P No.
27/HRACC 08 /2011 dated 09.03.2012 of the Member Secretary HRACC Ministry of Tourism, Government of India, Chennai.
Vide Government order read as 6th above, the said rule is modified by deleting the exemption of distance restrictions in the case of hotels in private sector of above categories, thereby at present the distance limit to those hotels in private sector of above categories, thereby at present the distance limit of those hotels in private sector of all categories from the objectionable site is 200 meters.
A. Ajith Kumar IAS Sub Excise Abkari Application for FL 11 licence to Palkkad Heritage Hotels, Koduvayoor, Palakkad rejected orders issued.
673/8 1 Koduvayoor Village in Chittur Taluk bearing door No.
XI/324 of Koduvayoor Grama Panchayat in Palakkad District.
