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2015 Supreme(Ker) 1086

K.T.SANKARAN, BABU MATHEW P.JOSEPH
State of Kerala – Appellant
Versus
Greeen Seven Resorts Private Limited – Respondent


Advocates Appeared:
For Appellant :Kapil Sibal, Sr. Advocate, K.P. Dandapani, Advocate General and Tom K. Thomas, Spl. Government Pleader
For Respondents:N. Venkataraman, Dushyant Dave, Aryama Sundaram, C.C. Thomas, T.A. Shaji, K. Ramakumar, S. Sreekumar, Sr. Advocates, Basil Attipetty, George Poonthottam, N. Raghuraj, Sivan Madathil, Roy Chacko, Sudhi Vasudevan, Kaleeswaram Raj, George Abraham, M.G. Karthikeyan, N.J. Prajeesh, Nireesh Mathew, T. Harikrishnanand Madhu

Headnote: Read headnote

JUDGMENT :

K.T. Sankaran, J.

1. The Abkari Policy for the year 2014-15 and the consequent amendment of the Foreign Liquor Rules were challenged in a batch of Writ Petitions by two star, three star, four star and heritage hotel owners and unclassified hotel owners. The learned Single Judge as per the judgment dated 30.10.2014 in Xavier's Residency v. State of Kerala (2014 (4) KLT 419), dismissed the Writ Petitions in so far as they related to the challenge against Abkari Policy 2014-15 by the hotels classified as two star and three star and by hotels having no classification. The learned Single Judge set aside that part of the Abkari Policy, to the extent it excludes hotels having four star and heritage category from the eligibility to be granted FL-3 licence under the Foreign Liquor Rules, as violative of Article 14 of the Constitution. The consequential amendments to the Foreign Liquor Rules as well as the proceedings of the Excise Commissioner cancelling the licence of such

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