Kalarikkal Hotels Private Limited v. State of Kerala and others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- C.N. Ramachandran Nair
- P.S. Gopinathan
- Judgment Date
- 2011-08-09
- Court Decision / Holding
- Writ Appeals and Writ Petitions are disposed of as above. The court allowed the Writ Appeals by modifying the interim order directing the State Government and the Excise Commissioner to provisionally issue an FL-3 licence to the appellant on or before 20.08.2011, subject to compliance with formalities and to the order/judgment of the Supreme Court in the SLP filed by the State. The renewal of licences to the petitioners is also to be subject to the Division Bench judgment as modified or confirmed by the Supreme Court in the pending SLP. If the licence is not issued to the appellant within the stipulated time, contempt action may be initiated against the concerned officials. The matter is disposed accordingly.
- Final Disposition
- Writ Appeals and Writ Petitions are disposed of as above; interim licences are to be issued/provisional, subject to formalities and the Supreme Court’s decision in the related SLP; contempt consequences for non-compliance.
Parties to the Case
Appellants / Petitioners
- Kalarikkal Hotels Private Limited
Respondents
- Kerala State Beverages Corporation
- State of Kerala
- The Commissioner of Excise
- The Deputy Commissioner of Excise
Legal Representation & Advocates
Counsels for Petitioners
- • C.C. Thomas
- • K. Jaju Babu
Counsels for Respondents
- • Dr. K. P. Satheesan
- • M. R. Jayaprasad
- • P. Mohandas
- • Mathew Sunny
- • Anoop V. Nair
- • P. C. Iype
- • George Mecheril
Case Synopsis & Summary
This is a batch of writ appeals and writ petitions challenging a government policy decision not to issue FL-3 liquor bar licences to the appellant, a three-star hotel at Guruvayoor. The common appellant contends that, while the government has renewed licences for other bar hotels and for the government-owned liquor shop, it has refused to grant a licence to the appellant, thereby discriminating against an equally qualified entity. The court recalls its earlier judgment in W.A.No.1312/2010 (reported as Kalarikkal Hotels (P) Ltd. v. State of Kerala, 2011 (1) KLT 966), which directed the government to decide whether Guruvayoor should be designated as a liquor-free zone and to take steps accordingly, including discontinuing renewals that would undermine that policy, and to render a decision before the start of the 2011-12 financial year. The Supreme Court has merely issued notice in the related SLP and has not stayed the operation of the Kerala High Court judgment. Consequently, interim licences were issued by the Single Judge to all bar hotels and the government company for 2011-12, but multi-party renewals remained inconsistent with the earlier judgment. The court held that, in a jurisdiction where liquor sale is permitted, there can be no discrimination among equally situated applicants. It directed the state to issue a provisional FL-3 licence to the appellant by a specified date, subject to formalities and the outcome of the pending SLP, and disposed of the writ appeals and connected petitions accordingly, with contempt consequences for non-compliance.
Submissions & Arguments
Contentions of Appellants / Petitioners
The appellant contends that the government’s policy not to issue licences to them while renewing licences for other bar hotels and the government company constitutes discrimination against an equally qualified entity. They argue that where liquor sale is permitted in Guruvayoor, there should be no disparate treatment among qualified applicants, and that the license should be renewed subject to compliance with formalities, consistent with the directions in the earlier judgment (which directed decision on whether Guruvayoor should be liquor-free and to discontinue renewals that undermine that policy). They relied on the interim renewals granted to others and on the need to follow the court’s previous directions pending the Supreme Court’s decision in the SLP. They seek a provisional FL-3 licence for the appellant by the specified date, subject to the Supreme Court’s order in the SLP.
Contentions of Respondents
The respondents contend that the government’s policy against issuing licences is a policy decision made on grounds of objections raised by Guruvayoor Devaswom and other bodies. They argue that the Supreme Court has only issued notice and has not stayed the High Court’s judgment, so the state must retain its licensing policy pending the SLP decision. They maintain that interim renewals were proper to prevent a policy shift affecting the public and that licensing must await the outcome of the pending SLP and any final order in the Supreme Court, to maintain the Guruvayoor policy and the state’s regulatory framework.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Kalarikkal Hotels Private Limited v. State of Kerala | 2011(1)KLT 966 | Positive | Cited to uphold the principle that where liquor sale is permitted, there should be no discrimination among equally qualified applicants; the earlier judgment directed governmental action on Guruvayoor’s status and licensing, guiding the current decision. |
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