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    <title>2012 (7) TMI 1086 - KERALA HIGH COURT</title>
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    <description>Rule 13(3) of the Foreign Liquor Rules, framed for tourism promotion, was analysed as creating unequal treatment by excluding new three-star hotels while retaining existing licensed hotels in the same class; the deletion of three-star hotels was treated as lacking a rational nexus with the stated policy objective and was struck down as violative of Article 14. Rule 13(3E), which imposed a distance-based bar on new FL-3 licences for star hotels, was likewise treated as discriminating between new and existing establishments and as obstructing fresh investment without a realistic connection to liquor reduction or tourism policy; it was also struck down under Article 14. The commentary concludes that eligible three-star and above, including heritage, hotels remained entitled to consideration under the unamended rule.</description>
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    <pubDate>Fri, 27 Jul 2012 00:00:00 +0530</pubDate>
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      <title>2012 (7) TMI 1086 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=279420</link>
      <description>Rule 13(3) of the Foreign Liquor Rules, framed for tourism promotion, was analysed as creating unequal treatment by excluding new three-star hotels while retaining existing licensed hotels in the same class; the deletion of three-star hotels was treated as lacking a rational nexus with the stated policy objective and was struck down as violative of Article 14. Rule 13(3E), which imposed a distance-based bar on new FL-3 licences for star hotels, was likewise treated as discriminating between new and existing establishments and as obstructing fresh investment without a realistic connection to liquor reduction or tourism policy; it was also struck down under Article 14. The commentary concludes that eligible three-star and above, including heritage, hotels remained entitled to consideration under the unamended rule.</description>
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      <pubDate>Fri, 27 Jul 2012 00:00:00 +0530</pubDate>
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