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1985 Supreme(Ker) 224

V.SIVARAMAN NAIR
KUMARAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioners object to the location of a sub shop attached to Arrack Shop No.3 of Quilon Excise Range, contrary to the provisions contained in R.6 of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974 - hereinafter referred to as the Auction Rules. At the time when the Original Petition was filed, the petitioner was not aware of the special order issued by the Board of Revenue granting exemption to locate the shop in the prohibited area in exercise of the power under R.6(2)(b) of the Auction Rules. Therefore, the petitioner sought the relief of issue of a writ of mandamus directing respondents 1 to 4 to forbear from granting licence to respondents 5 and 6 to locate or conduct Arrack Shop No.3 of Quilon Excise Range in Shed M.C.130 of Mulamkadakam Ward of Quilon Municipality. Petitioners had submitted Ext.P1 representation in that regard on 6-4-1985. The Board of Revenue passed Ext.P3 order dated 9-4-1985 in the meantime, permitting respondents 5 and 6 who were the successful bidders of Arrack Shop No. 3 to locate Shop No.3A/85-86 for three months for 1985-86 in exercise of the power under R.6(2)(b) of the Auction Rules. This was followed by Ext.P4 licence d










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