KOCHI: In a major setback to the state government, the Kerala High Court on Tuesday asked the state to consider the applications of 22 bar owners for four-star bar licences and pass an appropriate order in two months.
Justice K Surendra Mohan allowed the pleas filed by the petitioners who are now running beer and wine parlours.
C C Thomas, counsel for 19 hoteliers, submitted that the petitioners are four-star hotels having four-star classification from the Indian Tourism Department, New Delhi. The petitioners obtained no-objection certificate from the local self government authorities for conducting bar.
All the hotel owners constructed the bar hotels based on the building rules. They contended that there was no substantial difference between hotels that enjoy four-star status and heritage classification from the five-star hotels. Four-star and five-star hotels are grouped together for the purpose of classification by the Ministry of Tourism.
The sale of liquor through five-star hotels within the state accounts only for a small percentage.
The present policy not to grant licence to four-star bars is without any justification and the court had also set aside the decision.
The petitioners said the Single Judge’s order which directed grant of licences to four-star hotels. It had held that there was no material before the government for the classification that has been adopted, of picking out hotels having five-star classification and above for the purpose of preferential treatment of granting licences.
The state government submitted that it had filed appeals against the Single Judge’s order. The pleas of the four-star bar owners should not be allowed till the hearing on the appeals is completed, the state argued.
The petitioners said though the appeals are filed, the Division Bench refused to stay the Single Judge’s order. Considering the submission, the court refused to accept the contention of the state.