IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24605 of 2010(A)
1. K.SADASIVAN, S/O.KUMARA PILLAI,
... Petitioner
2. M/S.HOTEL ANANTHASAYANAM PVT.LTD.,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DEPUTY COMMISSIONER OF EXCISE,
3. THE CIRCLE INSPECTOR OF EXCISE,
4. THE CIRCLE INSPECTOR OF EXCISE,
For Petitioner :SRI.C.S.MANILAL
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :10/08/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.24605 OF 2010
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Dated this the 10th day of August, 2010.
J U D G M E N T
The petitioners are holders of FL 3 licence and are
conducting Bar Hotels. The issue that is raised herein relates to
the oral instructions given by the officers of the Excise
Department directing the petitioners not to have any additional
bar counters. It is submitted by the learned counsel for the
petitioners that the petitioners have already remitted an
additional amount of Rs.25,000/- over and above the usual rental
for the FL 3 licence for the purpose of serving liquor in the
restaurant. Exhibit P3, a copy of the Demand Draft, has been
produced in support of the above plea. It is also submitted that
the bar counters have been provided within the permitted area
itself and not beyond the existing bar. Reliance is placed on the
decision of this Court in Crl.M.C.No.2292/2009 which is produced
as Exhibit P5 herein.
2. Learned Government Pleader on instructions submitted
W.P.(C) No.24605/2010 2
that the relevant Rule namely, Foreign Liquor Rules have been
amended as per G.O.(P) No.105/2009/TD dated 17.06.2009
wherein a proviso to sub rule 3C of Rule 13 has been added. It
shows that the licensee may be permitted to maintain more than
one bar counter within the licensed bar room of the hotel with the
prior permission of the Excise Commissioner on payment of an
additional annual fee of Rs.25,000/- (Rupees Twenty Five
thousand only) for each such bar counter. It appears that the
same was published in the Gazette dated 17.06.2009.
3. Since the case of the petitioners is that already the
petitioners have remitted Rs.25,000/- which can be treated as
payment as per the amended Rules, what is to be considered is
only regularisation of the same by the competent authority
namely, the Excise Commissioner.
Therefore, the petitioners will have to make appropriate
applications before the Excise Commissioner who will consider
the same in terms of the amended Rules namely, Rule 13(3C)
proviso to Foreign Liquor Rules. Since there is no dispute that
the petitioners are having additional bar counters within the
licensed bar room, pending orders to be passed by the Excise
W.P.(C) No.24605/2010 3
Commissioner, the Excise Officers will not object to the running
of the same as the petitioners have already remitted the amount.
Appropriate orders will be passed by the Excise Commissioner
expeditiously.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp