IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 5692 OF 2008

STATE OF KERALA & ORS. .......APPELLANT(S)  Versus

V.S. RAVEENDRAN .....RESPONDENT(S)

O R D E R

The respondent filed an application dated 30.9.2001 for grant of a FL3 licence

for  his  restaurant.  In  2006,  he  was  informed  by  the   Excise  authorities  that  his

application could not be considered and granted as per the then existing law.  Feeling

aggrieved, the appellant approached the High Court by filing a writ petition.  Learned

single Judge disposed of the writ petition by order dated 6.12.2006 with a direction to

the Excise Commissioner to consider the eligibility of the respondent with reference to

the qualifications required as on the date of the application. That was challenged by the

State by filing a writ appeal.  The writ appeal was dismissed by the Division Bench on

the ground of delay.  The said order is challenged in this appeal by special leave.

2. On examining the reasons assigned by the appellant State for condonation of

delay in filing the appeal before the High Court, we are of the view that the delay ought

to have been condoned by the High Court.  The appellant should have an opportunity to

challenge the order of  the  learned single  Judge  on merits  as  there is  an important

question relating to applicability of the relevant rules.   

.....2.

- 2 -

3. We, therefore, allow this appeal, set aside the order of the High Court and

condone the delay in filing the appeal before the High Court.  Consequently, we request

the High Court to dispose of the State's appeal which has stood restored to its file on

merits expeditiously.

4. We are informed that after the dismissal of the appeal by the High Court, the

State has granted temporary licence to the respondent in December as there was no stay

in this appeal.  It is stated the respondent has paid the licence fee for the period upto

31.3.2009.   In  the  peculiar circumstances,  the licence granted shall  continue till  the

disposal of the appeal or till 31.3.2009 whichever is earlier.

  ...........................J.    ( R.V. RAVEENDRAN )

New Delhi;    ...........................J. January 30, 2009.           ( J.M. PANCHAL )