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2015 Supreme(Ker) 1015

ASHOK BHUSHAN, A.M.SHAFFIQUE
HOTEL INDRAPRASTHA NEAR KSRTC BUS STAND, NEDUMANGAD P. O. THIRUVANANTHAPURAM – Appellant
Versus
K. SOMASEKHARAN NAIR – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI. ELVIN PETER P.J., SRI. T.G.SUNIL (PRANAVAM), SRI. K.R. GANESH
For the Respondent: DR. S.GOPAKUMARAN NAIR (SR.), SRI. D.S. SREEKUMARAN, SHRI P.I. DAVIS, SMT. T.S.MAYA (THIYADIL), SRI. P.RAMAKRISHNAN

Judgment :

Ashok Bhushan, C.J.

These two Writ Appeals have been filed against the common judgment dated 16.02.2015 passed by the learned Single Judge in W.P(C) Nos.3321 and 3322 of 2015. For deciding these Writ Appeals it shall be sufficient to refer to the pleadings in W.P(C) No.3321 of 2015. By the impugned judgment, the learned Single Judge has allowed the Writ Petitions. Aggrieved by the said judgment, 3rd respondent in W.P(C) No.3321 of 2015 and 6th respondent in W.P(C) No.3322 of 2015 have come up in appeal.

2. Brief facts of the case as emerged from the pleadings of the parties and materials on record are: The 3rd respondent who is the Managing Partner of Hotel Indraprastha submitted an application to the Nedumanagad Municipal Council for No Objection Certificate from the Municipal Council to start beer and wine parlour in the hotel. The proposal came to be considered in the meeting of the Municipal Council held on 18.12.2013. Out of total 39 members of the Council including the Chairman, 37 persons were present in the meeting. Two Councilors were absent. The Chairman asked the Councilors who are opposing grant of NOC to raise their hands. 18 Councilors raised their hands opp































































































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