SHAJI P.CHALY
HOTEL DELIZA RESIDENCY – Appellant
Versus
STATE OF KERALA – Respondent
SHAJI P. CHALY, J.
1. The challenge in this writ petition is against Ext.P10 order issued by the Deputy Commissioner of Excise, Thrissur, the 3rd respondent herein, dated 26.04.2017, whereby the renewal of license sought for by the petitioner in respect of FL-11 license under Foreign Liquor Rules for the year 2017-18 is rejected in accordance with the principles of law laid down by the apex court in 'State of Tamil Nadu and Others v. K. Balu and Another' [2017 (1) KHC 26 (SC)], and seeking other consequential reliefs. Necessary facts encapsulated for disposal of the writ petition are as follows:
2. Petitioner is a partnership firm conducting a three star classified hotel at Wadakkancherry, which originally obtained an FL-3 license, which was in force till 31.03.2015. Thereafter, petitioner was issued with Ext.P2 FL-11 license in accordance with Rule 13(11B) of the Foreign Liquor Rules introduced on 30.12.2014. The license was being renewed up to 31.03.2017. Thereafter, seeking renewal of Ext.P2 license for the year 2017-18, an application was submitted, acknowledged by Ext.P3. However, the license was closed on 01.04.2017, stating that the hotel is situated within 500 metre
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