1. For several years prior to 1980-81 Toddy Shop No.52, Mannanam 9, Ettumanoor Excise Range was located in property having survey No. 908/1A. Since the owner of the property raised objection against the continued functioning of the toddy shop there it was announced by the Departmental authorities prior to the auction sale for the year 1980-81 that the toddy shop would not be allowed to be located in survey No 908/1A. In the abkari auction sale held for the year 1980-81, the 2nd respondent in this appeal was the highest bidder and as such entitled to vend toddy in accordance with the provisions contained in the Abkari Act 1 of 1077 and Rules thereunder On coming to know that the 2nd respondent was taking steps Tor locating the toddy shop in the property in Survey No. 907/14/1 of Mannanam Village a complaint, Ext. P-1 was filed on 31st March 1980, by the first respondent and five other persons who are living close to that item, before the District Collector, bringing to his notice the existence of a lower primary school, a place of worship, S N.D P. Gurumandiram and a Public Library (Kumaranasan Memorial Public Library), very near the said property and requesting him to s