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2015 Supreme(Online)(KER) 35920

HIGH COURT OF KERALA
K.T.SANKARAN, BABU MATHEW P.JOSEPH, JJ
XAVIER'S RESIDENCY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.N.VENKATARAMAN, SENIOR ADVOCATE, SRI.A.SUDHI VASUDEVAN, SMT.K.PUSHPAVATHI, SRI.KAPIL SIBAL, SENIOR ADVOCATE, SRI.K.P. DANDAPANI, ADVOCATE GENERAL, SPL. GOVT. PLEADER SRI.TOM K.THOMAS

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JUDGMENT

K.T.Sankaran, J.

The Abkari Policy for the year 2014-15 and the consequent amendment of the Foreign Liquor Rules were challenged in a batch of Writ Petitions by two star, three star, four star and heritage hotel owners and unclassified hotel owners. The learned Single Judge as per the judgment dated 30.10.2014 in Xavier's Residency v. State of Kerala (2014 (4) KLT 419), dismissed the Writ Petitions in so far as they related to the challenge against Abkari Policy 2014-15 by the hotels classified as two star and three star and by hotels having no classification. The learned Single Judge set aside that part of the Abkari Policy, to the extent it excludes hotels having four star and heritage category from the eligibility to be granted FL-3 licence under the Foreign Liquor Rules, as violative of Article 14 of the Constitution. The

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