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1999 Supreme(Mad) 167

S.S.SUBRAMANI
D. Thomas – Appellant
Versus
N. Thomas – Respondent


Advocates Appeared:
For the Petitioner:A. Selvaraj, Advocate.

Judgment

1. Second defendant in O.S.No.141 of 1998 on the file of Principal District Munsif- cum-Judicial Magistrate Court, Eraniel is the revision petitioner herein. This revision is filed under Art.227 of Constitution of India.

2. Respondents 1 and 2 herein are plaintiffs in the suit and they filed the suit in representative capacity under O.1, Rule 8 of Code of Civil Procedure for a decree for permanent prohibitory injunction restraining petitioner and first defendant from starting or conducting liquor shop both Indian made foreign liquor and country made liquor in ‘B’ schedule property for proposed and anticipated reasons and apprehended injury and also to restrain other defendants from issuing licence for defendants 1 and 2 for starting liquor shop.

3. It is the case of plaintiffs that they are residents of thickly populated area and if any liquor shop is conducted in ‘B’ schedule property, that will cause private and public nuisance to the people nearby. Breach of peace also occur and there will also be law and order problem. Residents of area also moved representation before District Collector not to grant any licence to run liquor shop in that area and they apprehend second

































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