Considering a case of alleged denial of bar license to a hotel group by a Congress-ruled municipal council, a division bench comprising Justices Antony Dominic and Alexander Thomas accused the KPCC President of acting as an "extra constitutional authority" and said "such an interference does not recognise the constitutional interference and statutory discretion".
The bench also directed the UDF-ruled Marad Municipal Council to issue no-objection certificate to KGA Hotels and Resorts Pvt Ltd within two weeks.
"Anybody who is well informed about law would not have issued a circular like this...That any date municipality can- not be guided by such a circular," the court said.
In its petition, KGA Hotels and Resorts Pvt Ltd had complained that the license was denied only on the basis of the circular by the KPCC chief to all UDF-led local bodies.
Pursuant to its earlier directive, T K Devarajan, chairman of the Marad Municipal Council, had produced the KPCC chief's circular before the court.
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