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2017 Supreme(Ker) 875

ANTONY DOMINIC, DAMA SESHADRI NAIDU
Hotel Deliza Residency Wadakkancherry, Thrissur – Appellant
Versus
State of Kerala Rep. by Secretary, Taxes (A) Department – Respondent


Advocates Appeared:
For the Petitioners: C.C. Thomas, Nireesh Mathew and M.G. Karthikeyan.
For the Respondent: Renil Anto Kandamkulathy.

JUDGMENT :

Antony Dominic, J.

1. The petitioner in W.P. (C) No. 16847 of 2017 is the appellant, a partnership firm which has established a three-star hotel at Wadakkancherry. Till 31.03.2015, the hotel had an FL-3 licence and, thereafter, it was issued an FL-11 licence in accordance with Rule 13(11) of the Foreign Liquor Rules, 1953. The licence was renewed up to 31.03.2017. Later, the appellant applied for renewal of the licence for the year 2017-18.

2. But, in view of the Apex Court's judgment in State of Tamil Nadu and Others vs. K. Balu and Another, 2017 (1) KHC 26 (SC), the Government did not renew the licence. Again, the appellant submitted the Ext.P4 application, contending that on account of the alterations made, the distance from the National Highway is 503 metres. The appellant sought to substantiate that claim by relying on Ext.P8 report. However, the third respondent rejected the application through Ext.P10 order, stating that out of the 503 metres, 45 metres could not be considered, as it was not a pathway generally used by the public. Under these circumstances, the appellant filed the writ petition.

3. By the judgment under appeal, the learned single Judge upheld the orde

























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