9911796707
TMI Blog2014 (11) TMI 453X X X X Extracts X X X X X X X X Extracts X X X X ..... i 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. 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 sinc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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)/ 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: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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