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Supreme Court of India

State of Kerala and Others v. Kandath Distilleries

Neutral citation
Reported as [2013] 4 S.C.R. 1053
Bench K.S. Radhakrishnan and Dipak Misra JJ.
Decided 22 February 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the learned single Judge as well as the Division Bench of the High Court was not justified in issuing a Writ of Mandamus directing the issuance of a distillery licence E to the respondent.

Judgment, page 27

From the headnote

Liquor - Application for licence for setting up distillery unit - Non-consideration of - After intervention of the Court, application considered and then rejected by competent authority - Courts below quashed the rejection order directing grant of the licence - On appeal, held: Courts below wrongly directed grant of distillery licence by issuing writ of mandamus - Grant of the same was within the discretionary power of the competent authority - Court should not have interfered with the same, unless the applicant established a better claim over others, which the applicant failed - Abkari Act -

Authorities it was built on

Where later benches applied it

Of those, 1 referred to · 3 mentioned

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