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2013 Supreme(Online)(KER) 8418

HIGH COURT OF KERALA
K.M.JOSEPH, A.HARIPRASAD, JJ
vs


Advocates:
SRI.B.PRAMOD SMT.R.REJI, SRI.R.KRISHNA RAJ, SRI.JOBY CYRIAC

J U D G M E N T

K.M.Joseph, J.

This is an appeal filed by the 3rd party. The writ petition was filed seeking the following relief :-

“ a. direct the respondents not to interfere with the smooth functioning of the toddy shop T.S No.28 functioning in building No.T.P.6/339-G of Thanneermukkam Grama Panchayath as the respondent has deemed to have permitted the petitioner to conduct the toddy shop as per Section 236(3) of the Kerala Panchayath Raj Act by the issue of a writ of mandamus of such other writ or order or direction.”

2. Briefly put, the case of the writ petitioner is as follows :- The grievance of the petitioner is that the respondent Panchayath has not disposed of the application submitted by the petitioner under Section 232 of the Kerala Panchayath Raj Act (hereinafter called as the 'Act') and Kerala Panchayath Raj (Issue of in 2 Lincence to Dangerous and Offensive Trades and Factories) Rules (herein after called as the 'Rules') for permission to conduct the toddy shop, which was functioning in a building for the last 5 years and shifted to a new building which is situated just opposite to the earlier building, even after the expiry of 54 days and is not permitting the petition

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