P.N. Ravindran, J.

Can a hotelier or a restauranter, who possesses a licence in Form FL-11, issued under rule 13(11) of the Foreign Liquor Rules, 1953 (hereinafter referred to as "the Rules" for short), sell beer in bottles, for consumption outside the licensed premises, is the short question that arises for consideration in this writ appeal. A learned single Judge of this court held, by judgment delivered on 18.10.2016 in W.P.(C) No.22730 of 2016, that, there is no stipulation in such licences, prohibiting such sales. The State of Kerala and the other respondents in W.P.(C)No.22730 of 2016 have, aggrieved thereby, filed this writ appeal. The brief facts of the case are as follows:

2. The sole respondent in this appeal, a firm represented by its managing partner, has established and is running a three star hotel under the name and style "Hotel Elegance" at Kanjirappally. Its partners possessed an FL-3 licence issued under rule 11(3) of the Rules, which was valid and current till 31.3.2015. In view of the policy decision taken by the State Government to confine the grant/renewal of FL-3 licences to five star and five star deluxe hotels and the consequential amendments to the