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2001 Supreme(Ker) 540

B.N.SRIKRISHNA, M.RAMACHANDRAN
K. N. Sreenivasan – Appellant
Versus
The Assistant Excise Commissioner, Ernakulam – Respondent


Judgment :-

Srikrishna, C.J.

This writ petition under Article 226 of the Constitution is directed against Ext. R4 (c) license issued to the 4th respondent to conduct Toddy Shop No.52 in a shed situated in Sy. No. 967/18B (Resurvey No. 64/14 in Block No.6) of Thrikkakara North Village. It is the case of the petitioner that said the shop owned by the 5th respondent is located within the prohoibited distance prescribed by Rule 6(2) of the Kerala Abkari Shops (Disposal in auction) Rules, 1974 (hereinafter called 'the Rules'). The petetion specifically avers that the toddy shop of the 4th respondent is situated at a distance of 216 metres from the temple known as Kavilkulangara Bhagavathy Temple, 330 metres from Immadudeen Mosque, 385 metres from N.A.D. Ayyappa Temple and 392 metres from N.A.D. Government L.P.School . It is also averred that the toddy shop of the 5th respondent is functioning in an unauthorized structure which has been putup without license or approval. According to the petitioner , several representations. like Exts. P2, P5 and others were made by the people of the locality objecting to the functioning of the toddy shop at the said premises, but the first respondent Ass





















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