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1989 Supreme(Ker) 117

MALIMATH, BHASKARAN NAMBIAR
Rajagopalan Nair – Appellant
Versus
Asst. Commissioner of Excise – Respondent


Judgment :-

1. This appeal is against the judgment of the learned Single Judge dismissing O.P.No.1682 of 1984. The appellant was the successful bidder who was granted foreign liquor retail shop No.60 for Palghat range for the year 1983-84, the kist amount being Rs.5,27,000/-. The premises where the appellant was permitted to conduct the shop was the very same premises where licences were granted during previous years. On the ground that the premises in respect of which permission to conduct the business was granted is within the prohibited distance of 400 metres from the temple, attempts were made on more than one occasion by approaching this Court in O.P.Nos.3347 of 1983, 5680 of 1983 and 8000 of 1983, by one Ramakrishnan to restrain the appellant from conducting the shop in the licensed premises. During the pendency of these Writ petitions, at the instance of the said Ramakrishnan, interim orders were granted restraining the appellant from conducting the business as a result of which the appellant was prevented from conducting the business. According to the appellant if the periods during which the appellant was prevented from conducting the business on account of the interim ord






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