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2026 Supreme(Online)(Ker) 5866

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
REJI K VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: ADV SRI.MILLU DANDAPANI
For the Respondents: SMT.DEVI SHRI R., GP

JUDGMENT

The petitioner is the Managing Director of the firm under the name and style M/s Kanichai Hotels Pvt. Ltd. The petitioner is aggrieved by Ext.P14 order whereby the claim of the petitioner for a refund of the proportionate licence fee is rejected. The petitioner contends that an amount of Rs.33,75,000/- was collected as a licence fee for the purpose of granting FL11 and FL3 licences for the year 2017-18, with Rs.29,05,000/- for the FL3 licence and Rs.

4,70,000/- for the FL-11 licence.

2. It is alleged that the FL3 licence granted to the petitioner was only on 01.07.2017, having a validity from 01.07.2017 to 31.03.2018. On 11.11.2017, without any prior notice, the hotel premises were sealed for want of a star classification. It is submitted that the petitioner made use of the licences FL11 and FL3 only for periods of 14 days and 151 days respectively, and hence he is entitled to claim a refund of the proportionate licence fee amounting to Rs.19,23,397.26/-. Petitioner also contended that the period when the lockdown was declared due to the COVID-19 pandemic should also be excluded. Likewise, the lockdown imposed in Thiruvananthapuram city between 06.07.2020 and 14.08.2020 mad

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