High Court Kerala High Court

P.J.Antony vs State Of Kerala Represented By The on 17 March, 2010

Kerala High Court
P.J.Antony vs State Of Kerala Represented By The on 17 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25230 of 2009(W)


1. P.J.ANTONY, PROPRIETOR,
                      ...  Petitioner
2. K.P.VINODAN, S/O.GOPALAN,

                        Vs



1. STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE JOINT COMMISSIONER OF EXCISE,

3. THE EXCISE COMMISSIONER,

                For Petitioner  :SRI.T.A.SHAJI

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :17/03/2010

 O R D E R
                        ANTONY DOMINIC, J
                       -------------------
                   W.P.(C)s.25230 & 3170/2009
                      --------------------
              Dated this the 17th day of March, 2010

                            JUDGMENT

Petitioner in W.P.(C).3170/2009 applied for permission to

reconstitute the partnership deed of Hotel Sindhu Bar at

Kodungallur. Petitioners in W.P.(C).25230/2009 applied for

transfer of FL-3 licence. Both the requests were rejected by

Ext.P5 in W.P.(C).3170/2009 and by Ext.P4 in W.P.(C).

25230/2009 relying on the amended Rule 19 of the Foreign

Liquor Rules requiring two-star classification which was effected

with effect from 1.4.2007.

2. In these writ petitions the contention raised by the

petitioners is that they having made their applications long prior

to the amendment to the Rules, their request should be

considered with reference to the Rule as it stood on the date of

their application. It is now informed that a similar contention

was raised in W.A.544/2008 and a Full Bench of this Court has

held that the date which is relevant to consider the request is the

date of consideration and not the date of the application. It is

W.P.(C).25230 &3170/09
2

also informed that following the said judgment of the Full Bench,

W.A.1564/2009 and connected cases were also disposed of.

3. Thus the petitioners’ application could have been

considered only in terms of the Rule as it stood on the date of its

consideration. If so, the request made by the petitioners was

liable to be rejected, as they did not satisfy the two-star

classification.

Therefore, the impugned orders are liable to be upheld and

the writ petitions are only to be dismissed. I do so.

ANTONY DOMINIC,
Judge

mrcs