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2012 Supreme(Ker) 844

THOTTATHIL B.RADHAKRISHNAN, A.V.RAMAKRISHNA PILLAI
Member Secretary (HRACC), Hotel Restaurant Division – Appellant
Versus
Emerald Regency – Respondent


Advocates Appeared:
For the Petitioners: P. Parameswaran Nair, ASGI.
For the Respondents:C.C. Thomas, Senior Advocate, M.G. Karthikeyan, Nireesh Mathew, Advocates, R2 to R4, R. Padmaraj, Sr. Govt. Pleader.

JUDGMENT

Thottathil B. Radhakrishnan, J.

These writ appeals are filed by the Member Secretary (HRACC) in the Ministry of Tourism, essentially on behalf of the Union of India.

2. The only issue that arose for consideration before the learned Single Judge was the effect of G.O(P) No.192/2011/TD dated 9.12.2011 issued by the Government of Kerala restricting issuance of FL-3 licence only to hotels having 4 star classification and above, on the requirement of clause 8(f) of the revised guidelines of the Tourism Ministry of the Union of India. That clause enjoins, among other things, that wherever bar licence is prohibited for a hotel as per the local law, the bar will not be mandatory and wherever bar is allowed as per local law, then the hotel will have to obtain bar licence first and then apply for classification to the Ministry of Tourism. This is in the context of the prescription in that clause that bar licence is necessary for 4 star, 5 star, 5 star delux, heritage classic and heritage grand categories.

3. While the learned Single Judge decided the writ petitions on 16.8.2012, G.O(P) No.192/2011/TD dated 9.12.2011 stood declared as void and inoperative, as per the judgment of the





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