Balakrishnan Nair, J.

The respondents in the Writ Petition are the appellants. The respondent herein was the Writ Petitioner. The point that arises for decision in this appeal is whether the application for FL-3 licence has to be considered with reference to the law prevailing on the date of submission of the application or on the date of consideration/disposal of the application. The matter happened to be referred to the Full Bench by a Division Bench of this Court on prima facie noticing that the decision of the Division Bench of this Court in State of Kerala v. Raghavan (2009 (1) KLT 625) cannot stand with the decision of the Apex Court in Kuldeep Singh v. Govt. of NCT of Delhi (AIR 2006 SC 2652). Before dealing with the above question, we will briefly state the facts necessary for the disposal of the case.

2. The respondent submitted an application for FL-3 licence on 30.9.2001. At the relevant time, Rule 13(2) of the Foreign Liquor Rules, as amended by G.O.(P) No.53/97/TD dated 31.3.1997, was in force. As per the said amendment, hotels with three star and higher classifications, Heritage and Resort Hotels as well as classified restaurants were entitled to get the FL