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2014 Supreme(Online)(Ker) 35844

KERALA HIGH COURT
M. Ramachandran, J
Xavier's Residency Kollam v. State of Kerala and Others


Advocates:
For the Appellants/Petitioners: Sri Aryama Sundaram, Sri C. C. Thomas, Sri K. Ramkumar, Sri Ramesh Babu, Sri S. Sreekumar, Sri P. Chandrasekhar, Sri O. V. Radhakrishnan, etc.
For the Respondents: Sri Kapil Sibal, etc.

Table of Content
1. factual background of the abkari policy 2014-15. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments against the abkari policy based on citizens' rights. (Para 8 , 10 , 18)
3. legal reasoning regarding rights and statutory provisions. (Para 9 , 11 , 13 , 14 , 16)
4. authorities and precedent regarding rights to trade in liquor. (Para 65 , 66 , 68 , 70)
5. conclusion on the reasonableness of classification and its legality. (Para 74 , 101 , 102 , 116)

1. On 22/08/2014, as per GO MS No. 139/2014 / TD dated 22/08/2014, the Government of Kerala notified its Abkari Policy for the year 2014-15. As per the new Abkari Policy, only hotels having Five Star classification and above granted by the Ministry of Tourism, Government of India are entitled to be granted Bar licences. Thereafter, the Foreign Liquor Rules under the Abkari Act of 1077 has also been amended, to give effect to the Abkari Policy. Since as per the new Abkari Policy, only hotels classified as Five Star and above are entitled to be granted bar licences, all existing bar attached hotels have been issued with notices by the Excise Commissioner informing them that, their bar licences would stand cancelled on the expiry of





















































































































































































































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