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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
Parays Holiday Hotels Pvt. Ltd – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
WP(C) No. 34398/2017 is filed by Parays Holiday Hotels Pvt. Ltd., WP(C) No. 10234/2018 by Broad Bean Hotel, WP(C) No. 10263/2018 by Chola Huts, WP(C) No. 22084/2018 by Hotel Cloud-9 and WP(C) No. 254/2019 by N.Satheeshkumar, seeking refund of an amount of Rs. 4,20,000/- each, paid on 31.3.2017, 28.3.2017, 29.3.2017, 28.3.2017, and 29.3.2017 respectively, towards the renewal of the FL-11 licence issued for the privilege of possession and vending of Beer/Wine for consumption in the premises, for the licensing year 2017-2018. WP(C) No. 10308/2018 is filed by Rojan Chacko, who paid Rs.4,70,000/- for the renewal of the FL-11 licence for the year 2017-2018.
2. The refund is claimed on the ground that the said licences were neither renewed nor rendered operational in the Abkari Year 2017-2018, owing to the embargo imposed by the Hon’ble Supreme Court in The State of Tamil Nadu & Ors. v. K.Balu & Anr. [ (2017) 2 SCC 281 ], wherein a nationwide prohibition was placed on the issuance and renewal of liquor licences— including FL-11 licences—for establishments situated within 500 metres of National or State Highways.
3. Subsequently, the Hon’ble Supreme Court, in Arrive Safe Society of
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The court upheld the prospective application of amendments to the Chhattisgarh Foreign Liquor Rules, ruling that the unilateral cancellation of the petitioner’s contract was lawful under the new po....
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