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1988 Supreme(Ker) 288

MALIMATH, BHASKARAN NAMBIAR
STATE OF KERALA – Appellant
Versus
SUKUMARAN – Respondent


Judgment :-

1. There is a delay of two days in filing the appeal against the judgment of the learned single judge. Explanation has been rendered by the Government Pleader saying that he miscalculated the last day for filing the appeal and that was the primary reason for the delay. We consider it unnecessary to issue notice to the respondents on the petition for condonation of delay, as it is likely to put undue burden on the respondents who are required to engage a lawyer and spend money for answering the application for condonation of delay, when on merits there is absolutely no substance in this case.

2. The foreign liquor retail shop licence was given to Sivarajendran. Pattom Sukumaran challenged the said decision in O. P. No. 4561 of 1987 on the ground that no such licence could have been granted having regard to the prohibition contained in R.6(2) (b) of Chapter V of the Abkari Shops (Disposal in Auction) Rules. There is a clear statutory prohibition for granting licence for running a foreign liquor shop within 400 metres from any educational institutions, temples, church, mosque or burial ground. The learned single judge has found that the grant of licence in favour of Sivaraj



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