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2021 Supreme(Online)(KER) 24029

HIGH COURT OF KERALA
P.V. KUNHIKRISHNAN, J
KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD. – Appellant
Versus
THE SECRETARY, ELAKUNNAPPUZHA GRAMA PANCHAYATH, – Respondent


Advocates:
SRI.P.M.BENZIR, SHRI.K.B.GANGESH

JUDGMENT

The petitioner is Kerala State Beverages (Manufacturing and Marketing) Corporation Limited, Thiruvananthapuram represented by the Manager of the Corporation. According to the petitioner, on account of the judgment of the Apex Court imposing certain restrictions for the outlets and bar hotels regarding the distance from the State and National Highway, the Corporation had to shift the outlet at Cherayi to a place within the same Taluk. The Corporation was having an outlet at Cherayi and the same was functioning from 01.04.2016. The Corporation found out a convenient building in Elakunnapuzha Panchayat in Ward No.22, Building No.704, which is away from the State Highway namely Vypin – Pallippuram Road, and was suitable, going by the specifications prescribed by the Abkari Act and the Rules framed thereunder. Based on the application submitted by the petitioner, the Deputy Commissioner of Excise accorded sanction to shift the outlet from the existing site at Cherayi to Elakunnappuzha Grama Panchayat. Ext.P1 is the proceedings. Based on the permission for shifting, entries were also carried out in the licence by the 3rd respondent by renewing the licence for the period 2020-21 i

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