Condemning the circular by the Kerala Pradesh Congress Committee (KPCC) asking the Congress-headed local bodies not to issue no-objection certificate (NOC) for liquor licence, a Division Bench of the Kerala High Court on Monday held that the law did not recognise such extra-Constitutional intervention in the exercise of a statutory power.
The Bench, comprising Justice Antony Dominic and Justice Alexander Thomas, further observed that such interference amounted to dictation from political superiors and had been condemned by the Supreme Court on various occasions. In fact, anybody who was well aware of the law would not have issued such a circular. The local bodies could not be guided by such a circular, the court added.
The court made these observations while directing the Maradu municipality in Ernakulam district to grant NOC to a five-star hotel located at Kundanoor in two weeks. The court said that a reading of the circular clearly showed that the Maradu municipality, which was ruled by a front led by the Congress, was prevented from issuing NOC to the hotel. The court said that in the affidavit, the municipal chairman had not stated that the municipality had considered the application of the hotel group for permit, independently of the circular. The affidavit indicated that the circular had its impact on the decision not to grant NOC for FL3 licence to the hotel group.
The court passed the judgment while dismissing an appeal by the municipality and allowing an appeal by the hotel group. The municipality filed the appeal against a single judge order asking the municipality to consider hotel’s application afresh, after setting aside a resolution against the grant of NOC.
The Bench observed that instead of considering the application on its merit, the municipality rejected the application on the ground that it had taken a policy decision not to grant NOC for liquor licence and the possibility of complaints from the public. It was on irrelevant consideration that the application had been rejected. The court also said that FL3 licence was mandatory for five star hotels.
- KPCC circular asked local bodies not to issue NOC
Maradu directed to issue NOC to
five-star hotel
