The petitioner company is the owner of a Hotel run under the name and style as 'Ramada Lake Resort and Spa', Kumbalam. It is stated as 'Five Star Deluxe' category Hotel, as borne by Ext.P18.
2. Admittedly, the said hotel was classified earlier as 'Three Star Hotel' vied Ext.P5. After the said classification, the petitioner applied for FL-3 licence, which was granted vide Ext.P6, based on which, liquor was being served to the customers who came to the hotel. While so, the petitioner, by virtue of the available infrastructure/amenities in the hotel, wanted to upgrade the classification as 'Five Star Deluxe'. Necessary application was submitted in this regard and the competent authority under the Union of India conducted an inspection. On satisfaction of the credentials of the petitioner, the status of the petitioner's hotel was elevated as 'Five Star Deluxe', vide Ext.P18 proceedings bearing No. 12-HRACC(31)/ W.P.C. No. 24815 of 2014 -2-
2014 dated 29.9.2014. The said classification is for five years from 29.9.2014 to 28.09.2019.
3. The grievance of the petitioner is that, in the meanwhile all of a sudden, the Commissioner of Excise issued Ext.P17 order dated 27.08.2014 as part of the 'Abkari Policy 2014-2015', to close down all Bar Hotels in Kerala, except those which were having 'Five Star and above' classification. The operative portion of the said order reads as follows:
“In the above circumstances, take notice that all the FL3 licences issued under the said Act and the said Rules to Hotels except those having the classification of Five Star and above shall stand cancelled on the expiry of 15 days from the date of this notice. On such cancellation, the licensee shall surrender the FL3 licence before the Deputy Commissioner of Excise concerned.”
The apprehension of the petitioner is that, steps may be pursued by the concerned respondent to close down petitioner's hotel as well, on the strength of Ext.P17. The contention is that, by virtue of the elevated status of the petitioner's hotel as 'Five Star Deluxe Hotel' as per Ext.P18, the petitioner is entitled to have the FL-3 licence continued.
4. Heard the learned Government Pleader as well, who W.P.C. No. 24815 of 2014 -3-
points out that Ext.P17 order dated 27.8.2014 was to be given effect on the expiry of 15 days from the date of said order. But the fact remains that, Ext.P17 order has not come into force so far. The issue was taken up before the Apex Court, when the proceedings have been finalized observing that the High Court of Kerala has to take a final decision, also with reference to the Abkari Policy of the State, simultaneously granting interim stay, till such final decision is taken, thus enabling the concerned FL-3 licence holders to continue to operate the 'Bar'. It is conceded by both the sides that, final verdict is still to be passed by this Court and the licensees having FL-3 licence are still running the concerned establishments.
5. The fact remains that, the petitioner though was having 'three star' status earlier, has now been recognized as a 'Five Star Deluxe' Hotel, vide Ext.P18 passed by the competent authority of the Government of India, Ministry of Tourism. This being the position, the submission made by the petitioner vide Ext.P19 before the first respondent is liable to be considered and appropriate orders are to be passed, more so since, the petitioner no longer continues to be an FL-3 licence holder, having W.P.C. No. 24815 of 2014 -4-
conferred 'Five Star Deluxe' status as per Ext.P18.
6. In the said circumstance, there will be a direction to the 1st respondent to consider Ext.P19 and pass appropriate orders in accordance with law, also in the light of the above observations which shall be done after giving an opportunity of hearing to the petitioner at the earliest, at any rate, within 'one month' from the date of receipt of a copy of this judgment. 'Status quo' as on date will continue till such time.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 1st respondent for further steps. The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE.
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