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2010 Supreme(SC) 55

R.V.RAVEENDRAN, S.S.NIJJAR
State of Kerala – Appellant
Versus
B. Six Holiday Resorts – Respondent


Advocates Appeared:
P. P. Rao, Jaydeep Gupta, Sr. Advs., G. Prakash, B. Anand, Pratheek Viswanathan, Ms. Beena Prakash, Roy Abraham, Ms. Seema Jain, Himinder Lal, E.M.S. Anam, Sunil Kumar Jain, Advs., with them for the appearing parties.

ORDER

R.V. Raveendran, J. —

The appeals relate to non-grant of FL-3 Licence under the Foreign Liquor Rules (‘the rules’ for short) framed under the Akbari Act. The appeals arise from the common judgment dated 16.7.2002 of the Kerala High Court in a batch of cases wherein the amendment dated 20.2.2002 to Rule 13(3) of the Rules and consequential rejection of applications for FL-3 licences were challenged. CA Nos. 983-990 of 2003 are filed by the State and the other appeals are by the applicants for FL-3 licences.

2. For convenience, we will refer to the facts of the case of M/s. B.Six Holiday Resorts (P) Ltd. (referred to as ‘the applicant’ for short), who is the respondent in C.A. No. 983 of 2003 and the appellant in C.A. No. 998 of 2003.

3. The applicant constructed a resort hotel at Munnar. The applicant’s restaurant therein was classified by the Ministry of Tourism, Government of India, as an approved restaurant. On 11.12.2000, the applicant made an application for a FL-3 licence under the Rules. As the said application was not considered, the applicant approached the High Court. The High Court, disposed of the writ petition (O.P.No.824/2001) by order dated 9.1.2001 with a dire




































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