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2010 Supreme(Ker) 846

K.SURENDRA MOHAN, C.N.RAMACHANDRAN NAIR
PRASANTH BABU – Appellant
Versus
KANNUR KALLUCHETHU VYAVASAYA THOZHILALI SAHAKARANA SANGOM – Respondent


Advocates Appeared:
For the Appellant : Kaleeswaram Raj.
For the Respondent: K. Gopalakrishna Kurup S. Manu and M.G. Karthikeyan and Government Pleader.

JUDGMENT :

C.N. RAMACHANDRAN NAIR, J.

1. The petitioner, a Municipal Councilor representing the local public has filed this Writ Petition for a direction to the respondents to shift Toddy Shop No. 3 located at Thekky Bazar in Kannur Town to another place.

2. We have heard the counsel appearing for the petitioner, the counsel appearing for the first respondent and the Government Pleader appearing for the remaining respondents. The above mentioned toddy shop was shifted to the objectionable site in the busy town area under Ext.P6 order issued by the Commissioner of Excise on 17.2.2010. However, ever since the toddy shop was shifted to the densely populated area in the town, the people including school children and ladies started agitation against the continuance of the toddy shop. The petitioner has produced large number of photographs and reports published in the news papers about the agitation taken up by the local people for closure of the toddy shop. Ultimately, the representatives of the political leaders including the local M.P. constituted a sub committee, which negotiated with the first respondent for shifting and a decision was taken to shift the toddy shop to a suitable place.









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