MARYS HOTELS PRIVATE LIMITED Vs. COMMISSIONER OF EXCISE

JUDGEMENT

(1.) Correctness and sustainability of the verdict dated 17.7.2017 passed by the learned Single Judge in W.P(C) No.22133 of 2017 virtually dismissing the writ petition is the subject matter of challenge in this appeal filed by the writ petitioner. The question mooted for consideration is whether the distance of 500 meters stipulated by the Apex Court as per the decision reported in State of Tamil Nadu and Ors. V.K Balu and Anr. 2017 (1) KHC 26 (SC) is to be measured between the side of the National Highway to the gate of the Hotel premises, in terms of Note 2 of Rule 13 of Foreign Liquor Rules,1953 ('the Rules' for short) or whether it has to be measured between the edge of the National Highway and the exact spot/building where the liquor is sought to be served/sold by the licencee.

(2.) Heard Mr.Joseph Kodianthara, the learned Senior Counsel appearing for the appellants, and the learned Government Pleader appearing for the State/Department.

(3.) The appellant Co: is a Private Limited Company who is running a Bar Hotel under the name and style as "Windsor Castle Hotel" at Kottayam. The said establishment is situated in nearly 11 acres of land and MC road is situated along its eastern boundary. The appellants are having several buildings numbered as 285A to 285U in Ward No.14 of Kottayam Municipality. In fact, the Hotel was a '3-Star Hotel' and was having 'FL-3 licence' earlier. Subsequently, the appellants obtained '4-Star' status and the said classification is stated as valid till 15.9.2020.