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2019 Supreme(Ker) 263

ANIL K.NARENDRAN
Subash Soman – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioners: Adv. Smt. D.P. Renu.
For the Respondents: Smt C.S. Sheeja, Senior Government Pleader.

JUDGMENT :

1. The petitioner, who is stated to be the Managing Director of M/s. Maramon Hotel and Resorts (P) Ltd., has been issued with Ext.R3(a) FL-3 license dated 10.07.2018 (FL-3/KLM- 39/2018-19) by the 2nd respondent Excise Commissioner to vend foreign liquor in his hotel 'Rohini Hills' (building Nos. VPXVII/590, 591) at Kunnicode.

2. The petitioner filed Ext.P3 application dated 03.08.2018 before the 2nd respondent Excise Commissioner, through the 3rd respondent Deputy Excise Commissioner, Kollam, seeking permission to open the main entrance to the hotel from NH-744 (which is closed with brick masonry). The 3rd respondent forwarded Ext.P3 application to the 2nd respondent Excise Commissioner, along with a letter dated 13.09.2018, pointing out that the shifting of the gate to the proposed place will amount to violation of distance rule and hence recommended to reject that application. The 2nd respondent, after examining the matter rejected Ext.P3 application, stating that the shifting of the existing gate of the hotel to the proposed site will amount to violation of the distance rule. The petitioner filed Ext.P5 representation before the 1st respondent State seeking interference

































































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