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2014 Supreme(Ker) 973

K.SURENDRA MOHAN
Runs Abraham – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

K. Surendra Mohan, J.

1. On 22.08.2014, as per GOMS.No.139/2014/TD dated 22.08.2014, the Government of Kerala notified its Abkari Policy for the year 2014-15. As per the new Abkari Policy, only hotels having Five Star classification and above granted by the Ministry of Tourism, Government of India are entitled to be granted Bar licences. Thereafter, the Foreign Liquor Rules under the Abkari Act of 1077 has also been amended, to give effect to the Abkari Policy. Since as per the new Abkari Policy, only hotels classified as Five Star and above are entitled to be granted bar licences, all existing bar attached hotels have been issued with notices by the Excise Commissioner informing them that, their bar licences would stand cancelled on the expiry of 15days of the date of such notices. The hotels that face cancellation of their Bar licences (FL-3 licences) have filed these writ petitions challenging the Abkari Policy, the consequential amendments to the Foreign Liquor Rules and the notices issued to them, terminating their bar licences.

2. The petitioners in these writ petitions are mostly hotels having three star classification. Three writ petitions, W.P.(C) Nos.23391 of 2014,



















































































































































































































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