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1998 Supreme(Ker) 502

RADHAKRISHNA MENON
JOSEPH – Appellant
Versus
EXCISE COMMISSIONER – Respondent


Judgment :-

1. he first plaintiff in O.S.274/88 is the revision petitioner. The suit is one for permanent injunction. He filed I.A. 1228/88 for temporary injunction restraining defendants 1 to 4 from conducting a bar in Sea Blue Hotel in Manni) buildings described in the schedule attached to the plaint, and 5th defendant from issuing licence for the conduct of such a bar. The trial court allowed the application after bearing the objections of defendants 1 to 5. The fourth defendant challenged the order by filing C.M.A. 25/88 before the District Court, Pathanamthitta. The firth defendant who is the sixth respondent herein, the Excise Commissioner challenged the order by filing C.M.A. 37/88. Both these appeals were heard and disposed of by the order under challenge.

2. Facts relevant and requisite to decide the issue lie in a narrow compass. Defendants 1 to 4 have recently taken on rent the first and second floors of Mannil Buildings for the conduct of a bar attached Hotel by name 'Sea Blue Hotel'. The St. Mary's L.P. School is a Government recognised school. The bar attached hotel proposed to be opened is located within the prohibited range namely, within 200 metres from the above me




















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