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2003 Supreme(Mad) 372

K.P.SIVASUBRAMANIAM
K. Murali – Appellant
Versus
The Commissioner (Excise) cum Secretary to Government (Revenue) & Others – Respondent


Advocates Appeared:For the Petitioner:Mr.K.Kannan, Advocate. For the Respondents:R1& R2 Mr.T.Murugesan, Senior Govt. Pleader for K.K.Sashidharan, Addl. Govt. Pleader (Pondicherry), R3 Mrs. Radha Gopalan, Advocate.

Judgment :-

By consent of all parties, the writ petition itself is taken up for hearing after hearing the petitioner in W.V.M.P.No.1688 of 2002 (petition to vacate the order of interim injunction) filed by the third respondent herein.

2. The petitioner's father was a licensee for running wine shop at Madagadipat commune Panchayat. The petitioner was a partner with his father and after his father's death, he was managing the shop as authorised by the Panchayat. According to him, it is a small village consisting of 5000 persons and there are two other retail wine shops with bar and one retail shop without bar. The third respondent claims to be a licensee of a wine shop at Mahe which is more than 650 K.Ms. from Pondicherry and he appears to have applied to the second respondent for the transfer of the said licence to Madagadipat at Pondicherry. On coming to know of the said attempt and also finding that the shop was to be located near the temple, the people in the village felt outraged and the petitioner also joined with them protesting against the grant of licence in that place by petitioning to the higher officials. With the result, the petitioner has sought for the issue of a writ o





























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