Kerala can't deny licence citing abkari policy: HC

KOCHI: The state government could not deny beer and wine parlous licence citing its abkari policy as the existing rules confer the right to seek and obtain such a licence, said the high court.
The court's ruling comes after considering a petition filed by Mathew Thomas, director of Hotel Olive Nest Pvt Ltd near Infopark at Kakkanad in Kochi. For opening a beer parlour at the four-star hotel, an application was submitted on April 1 this year.
On September 26, the government rejected the application for licence (FL-11) stating that granting such a licence is against the abkari policy of the government that came into effect on August 22, 2014.The rejection was challenged by the petitioner before the high court.
After perusing the government order, a single bench of the court said an identical case was considered by the court and it has held on November 7 that denial of FL-11 licence on the basis of the abkari policy was illegal.
The court then quoted from its earlier judgment that said, "When the statutory rules confer right on the petitioner to apply for and obtain licence in Form FL-11, the same cannot be denied based on the policy of the government, for, the policy cannot prevail over the statutory rules." Further, the court pointed out that the rules (Foreign Liquor Rules) were amended, on August 27, 2014, following the revision of the abkari policy but the amended rules only curtailed granting of bar licences FL-3.
"The notification amending the rules pursuant to the policy indicates beyond doubt that the said policy has nothing to do with the beer and wine parlour licences. The policy was intended only to limit licence in Form FL-3 (bar) to hotels which have obtained five star and five star deluxe classifications from the ministry of tourism," the court noted. It further said: "Consequently, pursuant to the said policy, amendment was introduced only to Rule 13(3) dealing with FL-3 (bar) licences. There has been no amendment at all to Rule 13(11) dealing with beer and wine parlour licences pursuant to the said policy."
The court ordered for considering the application afresh in accordance with the rules.