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2017 Supreme(Ker) 488

P.B.SURESH KUMAR
SOCIAL RELIEF ASSOCIATION KANJIRAPPALLY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Petitioner: SRI. JOSEPH GEORGE, SRI. BIJO THOMAS GEORGE, SMT. NICEY A. MENON.
For the Respondents: GOVERNMENT PLEADER, SRI. MATHEW JOHN (K), SRI. DOMSON J. VATTAKUZHY, SRI. NAVEEN T., SC, KERALA STATE BEV.CO. M. AND M.

JUDGMENT :

The petitioner is a charitable society. The grievance voiced by the petitioner in the writ petition concerns the proposal of the fifth respondent to establish a Foreign Liquor I shop ('the shop') in a building situated within the limits of the sixth respondent Grama Panchayat. According to the petitioner, the building in which the fifth respondent proposes to establish the shop is situated within 200 meters from a Church which is prohibited under sub-rule (2) of Rule 7 of the Kerala Abkari Shops Disposal Rules, 2002 ('the Rules'). It is also the case of the petitioner that sub-section(2) of Section 232 of the Kerala Panchayat Raj Act ('the Act) requires prior permission of the Panchayat for establishing the shop and the fifth respondent has not obtained permission from the Panchayat as provided for under the said provision for establishing the shop.

2. A statement has been filed in this matter on behalf of the third respondent. The stand taken by the third respondent in the statement is that an institution called Abhayabhavan is referred to by the petitioner as a Church in the writ petition and that the said institution is not a Church, but only an old age home. As regards




















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