Shaji Joseph vs State Of Kerala
2021 Latest Caselaw 12743 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
    FRIDAY, THE 4TH DAY OF JUNE 2021 / 14TH JYAISHTA, 1943
                    WP(C) NO. 11587 OF 2021
PETITIONER:
0



           SHAJI JOSEPH,
           AGED 60 YEARS,
           S/o.JOSEPH (LATE), PROPRIETOR,
           AGIN COURT, KUTTIKKANAM P.O.,
           KUTTIKKANAM, PEERUMADU,
           IDUKKI DISTRICT.

           BY ADVS.
           M.G.KARTHIKEYAN
           NIREESH MATHEW


RESPONDENTS:
1         STATE OF KERALA,
          REPRESENTATED BY SECRETARY,
          TAXES (A) DEPARTMENT, GOVT. SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001
2         THE EXCISE COMMISSIONER,
          COMMISSIONERATE OF EXCISE,
          EXCISE HEAD QUARTERS,
          NANDAVANAM,
          THIRUVANANTHAPURAM - 695 033
3         THE JOINT COMMISSIONER OF EXCISE,
          CENTRAL ZONE, EXCISE ZONAL OFFICE,
          KACHERIPADY, ERNAKULAM,
          KOCHI - 682018.
4         THE DEPUTY COMMISSIONER OF EXCISE,
          EXCISE DIVISION OFFICE,
          IDUKKI, OFFICE AT THODUPUZHA,
          PIN - 685584.
5         THE CIRCLE INSPECTOR OF EXCISE,
          PEERMADE, IDUKKI DISTRICT,
          PIN-685531.

          GOVERNMENT PLEADER SMT. B.VINITHA
     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 04.06.2021, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
 WP(C) No.11587/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 4th day of June, 2021

The petitioner states that he is conducting a

Classified Restaurant certified as per Ext.P1 and is entitled to

get FL-11 Beer and Wine Parlour Licence under Rule 13(11)

of the Foreign Liquor Rules. The petitioner submitted an

application for FL-11 Licence which is acknowledged by

Ext.P2.

2. The petitioner would submit that the restaurant is

situated in a prime tourist centre within Peermade Panchayat

in Idukki District. The application of the petitioner is

recommended by all other authorities including the 3 rd

respondent-Joint Commissioner of Excise. Though the

recommendation was made as early on 03.05.2021,

respondents 1 and 2 are not issuing the licence. WP(C) No.11587/2021

3. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

4. The application submitted by the petitioner for

FL-11 Licence is acknowledged by Ext.P2. In Ext.P2, it is

stated that the service will be delivered on or before

12.05.2021. The application filed by the petitioner is under the

Kerala Foreign Liquor Rules and is of statutory nature.

Therefore, it is necessary that the same is considered and a

decision taken thereon within a reasonable time.

In the circumstances, the writ petition is disposed of

directing respondents 1 and 2 to consider the application for

FL-11 (Fresh Licence for Beer/Wine Parlour) filed by the

petitioner as evidenced by Ext.P2, within a period of six

weeks.

Sd/-

N. NAGARESH, JUDGE

aks/09.06.2021 WP(C) No.11587/2021

APPENDIX

PETITIONERS' EXHIBITS

EXHIBIT P1 PHOTOCOPY OF THE CERTIFICATE DATED 10.03.2021 ISSUED BY THE DIRECTOR, DEPARTMENT OF TOURISM, GOVT. OF KERALA. EXHIBIT P2 PHOTOCOPY OF THE APPLICATION ACKNOWLEDGEMENT, DATED 28.03.2021. EXHIBIT P3 PHOTOCOPY OF THE RECOMMENDATION DATED 03.05.2021 SENT BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

SR