TMI Blog2017 (8) TMI 1169X X X X Extracts X X X X X X X X Extracts X X X X ..... is not at all disputed by the petitioners, even if there is no visibility as contended by the petitioners. Now turning to the contention of the respondents with respect to the bar room as per the licence, there is a categoric assertion made that, the approved bar room is situated at the entrance of the hotel, there is no contrary established facts to think otherwise. As regards transfer of license in the name of 2nd petitioner, since rule 19 of the Foreign Liquor Rules, 1953 mandates certain parameters in order to transfer licence, which is also apparently not undertaken by the petitioners. Therefore, taking into account the factual circumstances and reckoning the law it cannot be said that, Ext.P8 order passed by the 2nd respondent is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Municipality. The hotel started its operation in the year 2000. Originally it was classified as 3-star hotel and had then applied for FL-3 licence before the 1st respondent. On 20.1.2001 FL-3 licence was issued to the hotel as a licensed premises. In Ext. P1 FL-3 licence, eastern boundary is MC Road. The licence was being renewed every year till 31.3.2015. 3. Consequent to the new policy brought into force, only 5-star hotels became eligible for FL-3 licence. According to the petitioners, the application was filed before the Tourism Department, Government of India for upgrading classification of licensed premises. Thereupon, Ext. P2 classification was issued on 18.9.2015, by which petitioner has secured 4-star category. Since the State G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on created consequent to the judgment of the Apex Court in 'State of Tamil Nadu and others v. K. Balu and another' [2017 (1) KHC 26 (SC)]. 5. Any how after considering the entire aspects, Ext.P8 order is passed by the 2nd respondent, wherein it is stated that, the gate of the hotel is situated only 15 meters away from the outer edge of M.C. Road i.e.. State Highway No.1. Therefore, the hotel is situated within the prohibited distance. That apart it is found that, FL-11 licence of the hotel was temporarily stopped by the Excise Department on 30.11.2016 as requested by the erstwhile licensee, that is the additional 3rd respondent in Ext.P5 judgment i.e., T.O. Abraham and that the licence has already expired on 31.3.2017. Thereaft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tels and not to bar rooms as such. It is also stated that, as provided under rule 13(3), the distance is calculated from gate of the concerned institutions. According to the 2nd respondent, the distance has to be measured from the outer edge of the State Highway to the gate of the hotel. That apart it is stated that, the bar room now shown in Ext.P7 sketch is only a figment of imagination of the concerned officials of the 1st petitioner company. There is no such bar room as per the approved plan. The bar room presently shown in the plan is fixed according to the whims and fancies of the officials of the 1st petitioner company. The room that is now been projected as a bar room is not the bar room as per the approved plan. It is submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meters distance is prescribed from the outer edge of State or National Highway or their service roads to a liquor vends in question. According to the learned Senior Counsel for the petitioner, by the term Liquor vend Apex Court meant the place where actually the liquor is served to the customers. However, in Ext.P1, the eastern boundary of the licensed premises is shown as MC Road i.e., the State Highway No.1. The licence was granted to serve liquor in the restaurant, in the lawn area, by the side of the swimming pool etc. etc. It is also seen that, additional fees is paid by the licensee in order to secure permission to serve Liquor in restaurant and other areas of the hotel premises continuously upto 2014 to 2015. The parameters so pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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