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2011 Supreme(Online)(KER) 18141

HIGH COURT OF KERALA
ANTONY DOMINIC, J
A DEVARAJAN – Appellant
Versus
THE DEPUTY COMMISSIONER OF EXCISE – Respondent


J U D G M E N T

Petitioner and other partners are the licensees of Toddy Shop No.45/2010-11, Group No.III of Perinthalamanna Range, Keezhattoor Panchayath, Malappuram District. The said shop is situated in building No.KP-III/164. It is stated that the period of licence is presently extended till 31.7.2011. While so, the respondent Panchayath passed Ext.P3 resolution authorizing the Secretary to close down the Toddy shop.

2. Acting upon Ext.P3 resolution the Secretary has issued letter dated 10.6.2011 requiring the petitioners to close down the shop within three days. According to the petitioners, the letter was received only on 21.6.2011 and therefore, the writ petition has been filed with the following prayers :-

“(i)To issue a writ of certiorari quashing Ext.P3;

(ii)To declare that the 1st respondent having allowed to conduct Toddy Shop No.45/2010-11 in Building No.KP- III/164 from 01.04.2010 is estopped from contending that the Toddy Shop is functioning without Panchayat licence and establishing the Ownership of the building and has to stop its functioning;

(iii)To declare that as per the Kerala Panchayat Raj Act , 1994 the Panchayat has no authority to insist for licence for conduc

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