LAWS(KER)-2018-2-5

SMT.GIGI BINU Vs. SHYBI ANOOP

Decided On February 02, 2018
Smt.Gigi Binu Appellant
V/S
Shybi Anoop Respondents

JUDGEMENT

(1.) The appellant is aggrieved by the interim order passed by the learned Single Judge, directing closure of the Toddy Shop run by him.

(2.) The interim order has been granted only on account of the appellant having no D&O Licence as per the Kerala Panchayat Raj Act, 1994. The learned Senior Counsel appearing for the appellant would contend that there was no warrant for an interim order, since the entire pleadings were complete. The specific ground taken by the appellant, who was the 4 th respondent in the writ petition, a licensee of a Toddy Shop, was that the appellant was entitled to the benefit of a deemed licence.

(3.) The Panchayat had filed a counter affidavit, in which it was specifically contended that the application for D&O Licence filed by the appellant on 01.12.2017 was rejected by a resolution of the Council, at Exhibit R6(a), on 05.12.2017.