C.N.RAMACHANDRAN NAIR, K.VINOD CHANDRAN
B. Surendra Das – Appellant
Versus
State of Kerala, represented by the secretary (taxes), Secretariat – Respondent
Ramachandran Nair, J.
1. The appellants in the Writ Appeals and the petitioners in the Writ Petitions are all star hotels with categorization above "Three star" given by the Ministry of Tourism, Government of India. All star hotels above three star classification were entitled to get bar licence for retail sale of liquor in the hotels under Rule 13(3) of the Foreign Liquor Rules (hereinafter referred to as "the Rules" for short) prescribed under the Kerala Abkari Act (hereinafter referred to as "the Act" for short). However, an amendment was introduced in the year 2011 by SRO No.779/2011 dated 09/12/2011 [GO(P) No.192/2011/TD] deleting "three star" from the category of hotels entitled for bar licence under the above Rules. Later through another amendment by SRO No.202/2012 dated 27-03-2012 [GO(P) No.48/2012/TD] another prohibition was introduced by inserting sub-rule (3E) to Rule 13 whereunder even four star and above category hotels constructed within a radius of 3 Kms. in Grama Panchayats and 1 Km. in Municipal/Corporation limits, from another hotel/Restaurant with FL-3 licence, were declared disentitled for the grant of new FL-3 licence.
2. The appellants/petitioners co
Kuldeep Singh V Govt. of NCT of Delhi (2006) 5 SCC 702
Ugar Sugar Works Ltd. v Delhi Administration [(2001) 3 SCC 635]
Khoday Distilleries Ltd. & ors. V State of Karnataka [(1995) 1 SCC 574]
State of M.P. v Narmada Bachao Andolan [(2011) 7 SCC 639]
State of Kerala v B. Six Holiday Resorts (P) Ltd. [(2010) 5 SCC 186]
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