RamachandranNair, J

1. This Writ Appeal is filed against the judgment of the learned Single Judge directing the Excise Commissioner and the Government to consider appellant's application for grant of FL3 licence for three star Hotel but with a rider that the application should be considered taking note of the change of law which is nothing but a provision introduced by the Government on 9.12.2011 dis-entitling three star hotels from getting FL3 licence.

2. We have heard senior counsel Sri.C.C.Thomas appearing for the appellant and Special Government Pleader appearing for respondents. While the appellant's case is that application for FL3 licence was submitted vide Ext.P2 dated 29.7.2010 and in spite of favourable recommendations made by the Joint Excise Commissioner the Excise Commissioner has not so far granted licence. The specific case of the appellant is that only on account of a wrong report from lower authorities the application was initially rejected by the Government vide Ext.P6 on 25.8.2011 much before the policy was amended on the misunderstanding that the hotel is within the prohibited distance from a temple as stated by the Deputy Commissioner and Joint Excis