The Court dismissed a writ petition challenging the transfer of FL-3 license category from 3-star to 4-star hotels. Applying the ratio of Xavier's Residency and a previous judgment, the Court held that the policy change applied to 3-star hotels held until a fresh application was made.
Writ petition dismissed; no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936
WP(C).No. 566 of 2015 (U)
PETITIONER :
HOTEL SIDHARTHA, R.S.ROAD, CHALAKUDY, REPRESENTED BY ITS MANAGING DIRECTOR, MR.P.K.PRATHAPAN.
BY SRI.JOSEPH KODIANTHARA,SENIOR ADVOCATE ADVS. SRI.V.ABRAHAM MARKOS SRI.BINU MATHEW SRI.TOM THOMAS (KAKKUZHIYIL) SRI.ABRAHAM JOSEPH MARKOS SRI.ISAAC THOMAS SRI.NOBY THOMAS CYRIAC
RESPONDENT(S):
1. STATE OF KERALA REP. BY SECRETARY, TAXES (A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM-695 001.
3. THE DEPUTY COMMISSIONER OF EXCISE, THRISSUR-688 001.
4. THE CIRCLE INSPECTOR OF EXCISE, IRINJALAKUDA-680 121.
R1 TO R4 BY GOVERNMENT PLEADER SMT. C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 566 of 2015 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1: TRUE COPY OF THE FL-3 LICENCE NO.TSR-14/12-13 RENEWED UPTO 31.03.2014. EXHIBIT-P2: TRUE COPY OF THE REQUEST LETTER DATED 29.11.2008. EXHIBIT-P3: TRUE COPY OF 2ND RESPONDENT'S ORDER NO.C6-1673/09 DATED 25.02.2009. EXHIBIT-P4: TRUE COPY OF THE APPLICATION FOR RENEWING THE FL-3 LICENSE. EXHIBIT-P5: TRUE COPY OF ORDER DATED 02.04.2014. ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P6: TRUE COPY OF THE ORDER OF MINISTRY OF TOURISM. EXHIBIT-P6(A): TRUE COPY OF THE CLASSIFICATION CERTIFICATE ISSUED BY GOVT. OF INDIA.
RESPONDENT(S)' EXHIBITS:
NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
DAMA SESHADRI NAIDU, J.
---------------------------------W.P. (C) No. 566 of 2015 (U)
Dated this the 9th day of February, 2015.
JUDGMENT
On 02.02.2015, the learned Government Pleader submitted
that the issue raised in the writ petition stood squarely covered by the judgment dated 02.12.2014 in W.P.(C) No. 32315 of 2014. The
learned counsel for the petitioner, however, sought time. Accordingly, the matter was posted to this day.
W.P.(C). No. 566/2015 -2-
02.12.2014 in W.P.(C) No. 32315 of 2014, this Court proposes to dispose of the writ petition on the same lines.
Since the facts are not disputed, I am of the opinion that the ratio of Xavier's squarely applies to the present factual matrix and accordingly reiterating the judgment dated 02.12.2014 in W.P.(C) No. 32315 of 2014, this Court dismisses the writ petition. No order as to costs.
sd/- DAMA SESHADRI NAIDU, JUDGE.
rv
W.P.(C). No. 566/2015 -3-
1 issue framed by the court
Whether the transfer of FL-3 license category from 3-star hotels to 4-star hotels requires fresh application or grants it automatically.
Colour shows how this judgement treated each authority
Xavier's Residency v. State of KeralaApplied¶3
Xavier's Residency v. State of Kerala (2014 (4) KLT 419)
W.P.(C) No. 32315 of 2014Followed¶31
2 provisions across 2 enactments
Hotel Sidhartha
State of Kerala
The Excise Commissioner
The Deputy Commissioner of Excise
The Circle Inspector of Excise
Dama Seshadri Naidu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
