J U D G M E N T

The first petitioner is a partnership firm, which has established a three star hotel located within the limits of the Kollam Corporation. The second petitioner is stated to be an employee of the hotel. The hotel has been issued a FL-3 licence, which has been renewed from time to time and is valid upto

31/3/13.

2. In this writ petition, petitioners challenge the validity of Rule 28 of the Foreign Liquor Rules, which was substituted by notification dated 18th of April 2012. This rule read as under;

“28 (1) FL-3 Hotels (Restaurants) functioning within a Panchayat or Municipality shall not be kept open before 8' O clock in the morning and after 11' O clock in the night. FL-3 Hotels (Restaurants) functioning within Corporation limits shall not be kept open before 9' O clock in the morning and after 12' O clock in the night. No FL-1 shop shall be kept open before 9' O clock in the morning and after 11' O clock in the night.

(2) The Deputy Commissioner of Excise shall be competent to fix the working hours of FL-1 shops in each area subject to the conditions that the total working hours shall not exceed 12 hours in a day and no such shop shall be kept open beyond the time limit