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2023 Supreme(Online)(KER) 5229

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
SUBASH SOMAN – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
N.RAGHURAJ, SHRI.ARJUN GOPAL P.

ORDER

The review petition and the writ petition are filed by the same person. The matter is related to the distance of functioning a Three Star Hotel with a bar licence. In the earlier judgment of this Court upholding the decision of the Excise Commissioner, this Court in W.P.(C) No.40388/2018 that the locational distance of Bar is less than the statutory requirement from nearby school, dismissed the writ petition. Thereafter, the petitioner approached the Excise Commissioner to remeasure the distance in the light of the Division Bench judgment of this Court inState of Kerala v. Vijaya Kumar [ 2009(1) KLT 578 ]. It was not considered, the petitioner approached this Court in W.P.(C) No.24746/2019. This Court directed the Excise Commissioner to consider the matter strictly in the light of the judgment of this Court in W.P.

(C) No.40388/2018. Thereafter, the matter was considered by the Excise Commissioner and following the directions in the judgment in W.P.(C) No.40388/2018, the request was rejected. This is subject to the challenge in W.P.(C) No.24746/2019. In view of the fact that this Court earlier directed in W.P.(C) No.24746/2019 that the consideration shall be strictly in accord

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