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1998 Supreme(Mad) 1348

S.S.SUBRAMANI
P. G. Murugesan – Appellant
Versus
The Assistant Commissioner (Excise), Coimbatore – Respondent


Advocates:
Mr. V. Ayyadurai, Advocate for Petitioner. Mr. Patti. B. Jagannathan, Additional Government Pleader for Respondent.

Judgment :

1. In W.P.No.8377 of 1998, petitioner seeks issuance of writ of certiorari calling for the records comprised in proceedings No. Re.3634 of 1998 Gaw 8 on the file of respondent, dated 16. 98 and quash the same.

2. Petitioner is the auction purchaser of IMFL shop No.l 1, Coimbatore, and he wanted to locate his shop at Ward No. 18, bearing Door Nos.34-34A, Avarampalayam Main Road, Coimbatore. Respondent/officials inspected the shop and recommended for issuance of licence. On 25. 1998, respondent issued licence permitting the petitioner to carry on the business, whilese, on 6. 1998, respondent issued a communication, directing the petitioner to shift his business to an unobjectionable place. The reason alleged therein was that there were objections from the public and the M.L.A. also recommended to take action on such objection. A civil suit was also filed by a third person as O.S.No.910 of 1998, on the file of District Munsif s Court, to prevent the petitioner from conducting the business. But no interim order was passed by court. On receipt of the communication, petitioner submitted his explanation on 16. 1998 stating that his shop is situated well within the bounds of l


























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