1. The defendant-appellant aspires to establish a private market in a plot of land - the B schedule property - belonging to him within the area of jurisdiction of the Perumatty Panchayat. He made an application to the Panchayat for the requisite licence under the Kerala Panchayats Act and the Kerala Panchayats (Public and Private Markets) Rules, 1964 The Panchayat had published Ext. A23 notification dated 17-2-1978 inviting objections and the application for licence is pending. It is at that stage that the plaintiff who is running a private market in the A schedule property under a licence issued by the adjoining Pattancheri Panchayat filed the suit for a declaration that the defendant has no right to run a market in, his B schedule property or in any other place within 3 kilometres of the plaintiff's market so long as be holds a licence to run a private market, and also for an injunction to restrain the defendant from establishing a private market in his B schedule property. The plaintiff has filed objections in response to Ext. A23 notification. According to the plaintiff the B schedule property of the defendant situated within the area of jurisdiction of the adjoinin