XAVIERS RESIDENCY Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THE Abkari Policy for the year 2014 -15 and the consequent amendment of the Foreign Liquor Rules were challenged in a batch of Writ Petitions by two star, three star, four star and heritage hotel owners and unclassified hotel owners. The learned Single Judge as per the judgment dated 30.10.2014 in Xavier's Residency v. State of Kerala ( : 2014 (4) KLT 419), dismissed the Writ Petitions in so far as they related to the challenge against Abkari Policy 2014 -15 by the hotels classified as two star and three star and by hotels having no classification. The learned Single Judge set aside that part of the Abkari Policy, to the extent it excludes hotels having four star and heritage category from the eligibility to be granted FL -3 licence under the Foreign Liquor Rules, as violative of Article 14 of the Constitution. The consequential amendments to the Foreign Liquor Rules as well as the proceedings of the Excise Commissioner cancelling the licence of such hotels were also set aside. The Abkari Policy 2014 -15 was sustained in all other respects.

(2.) CHALLENGING the judgment of the learned Single Judge, the two star, three star and unclassified hotel owners filed Writ Appeals. Similarly, Government of Kerala filed Writ Appeals against the judgment of the learned Single Judge in so far as it relates to the setting aside of the policy and consequential amendment in respect of four star and heritage category hotels. In some of the Writ Petitions, the 'Madyavirudhasamithi' and in one of the Writ Petitions Sri. T.N. Prathapan, a Member of the Legislative Assembly, got themselves impleaded. At the stage of Writ Appeals, the Confederation of Accredited Tour Operators got themselves impleaded in W.A. No. 1554 of 2014.

(3.) BASED on the Abkari Policy 2014 -15, G.O.(MS) No. 139/2014 dated 22.8.2014 was issued. The Foreign Liquor Rules were amended as per notification dated 27.8.2014.