2014 (11) TMI 453

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....PE JOSEPH FOR THE RESPONDENT : SENIOR GOVT. PLEADER SRI.SHYSON P.MANGUZHA JUDGMENT The petitioner company is the owner of a Hotel run under the name and style as 'Ramada Lake Resort and Spa', Kumbalam. It is stated as 'Five Star Deluxe' category Hotel, as borne by Ext.P18. 2. Admittedly, the said hotel was classified earlier as 'Three Star Hotel' vied Ext.P5. Af....

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.... in the meanwhile all of a sudden, the Commissioner of Excise issued Ext.P17 order dated 27.08.2014 as part of the 'Abkari Policy 2014-2015', to close down all Bar Hotels in Kerala, except those which were having 'Five Star and above' classification. The operative portion of the said order reads as follows:             &nbsp....

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....er as well, who points out that Ext.P17 order dated 27.8.2014 was to be given effect on the expiry of 15 days from the date of said order. But the fact remains that, Ext.P17 order has not come into force so far. The issue was taken up before the Apex Court, when the proceedings have been finalized observing that the High Court of Kerala has to take a final decision, also with reference to the Abka....

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.... since, the petitioner no longer continues to be an FL-3 licence holder, having conferred 'Five Star Deluxe' status as per Ext.P18. 6. In the said circumstance, there will be a direction to the 1st respondent to consider Ext.P19 and pass appropriate orders in accordance with law, also in the light of the above observations which shall be done after giving an opportunity of hearing to th....