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REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1642 OF 2013

[Arising out of SLP (Civil) No. 9098 of 2009]

State of Kerala and Others

.. Appellants

Versus

Kandath Distilleries

.. Respondent

J U D G M E N T

K. S. RADHAKRISHNAN, J.

1.

Leave granted.

2.

We are, in this appeal, concerned with the question whether

the High Court can issue a Writ of Mandamus under Article 226 of

the Constitution of India, directing the State to part with its

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exclusive privilege, in the matter of granting licence for

establishing distilleries under the Foreign Liquor (Compounding,

Blending and Bottling) Rules, 1975 (for short “1975 Rules”) read

with Section 14 of the Abkari Act (for short “the Act”).

3.

M/s Kandath Distilleries, respondent herein, claimed to have

submitted an application dated 12.1.1987 before the

Commissioner of Excise for a licence to establish a compounding,

blending and bottling unit in the Palakkad District. Few others

had also filed similar applications for licence for setting up

distillery units in the State of Kerala. All of them were directed to

first obta