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2012 Supreme(Ker) 98

C.K.ABDUL REHIM
T. K. Aneesh Kumar – Appellant
Versus
District Collector – Respondent


Advocates Appeared:
For the Petitioners:K. Ramanathan, Advocate.
For the Respondents: R1 to R6 - Smt. M.T. Sheeba, Govt. Pleader.

Judgment :

1. Challenge in this writ petition is against Ext.P4 order issued by the District Collector in exercise of powers conferred under Section 54 of the Abkari Act. In Ext.P4 the District Collector had issued direction to close down toddy shops situated within 2 Kms from St.Andrews Basilica, Arthunkal, on the dates on 19.01.2012, 20.01.2012, 26.01.2012 and 27.01.2012, in connection with a festival conducted in the Basilica. It reveals that such an order is issued in view of ensuring smooth conduct of the festival and for preservation of public peace. It is evident from Ext.P4 that the proceedings was issued on the basis of an application submitted by the authorities of the Basilica and on taking into consideration of the reports submitted by the Deputy Commissioner (Excise) Alappuzha and the District Police Chief, Alappuzha.

2. Petitioners are challenging Ext.P4 mainly on the ground that the same was issued in an arbitrary manner. According to the petitioners, for issuing the impugned proceedings the District Collector had only considered the reports of the Excise Commissioner and the District Police Chief, which will only indicate that a large crowd, including ladies and chil


















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