(1.) The additiona! 3rd defendant in O.S. 306 of 1999 of the Additional Munsiff Court, Kottayam is the revision petitioner. He challenges judgment passed in C.M.A. 47 of 1999 by the Addl. Sub Judge, Kottayam whereby the interim injunction granted in I.A. 1307 of 1999 in the said suit was confirmed.
(2.) The suit itself is for a Prohibitory Injunction restraining the defendant from conducting a toddy ship in the scheduled property on the ground that it violates the provisions in the Abkari Act relating to the conduct of such ships in so far as it is within 400 meters from a Harijan Colony and a temple. The plaintiffs were inhabitants of the 'Girijan Settlement Colony' of Ward No. 10 of Mundakayam Panchayat. The additional 3rd defendant took the stand under R. 6(2) of the Abkari Shops (Disposal in Auction) Rules, 1974, even in the previous year there was licence granted for conducting the shop, that it worked in Building No. 775 of Ward No. 10 of Mundakayam Panchayat; that there is practical difficulty in shifting the shop after finding a new building and that the Government has granted sanction for the conduct of the shops in a particular building. It was also pointed out that a similar suit filed in the previous year as O.S. 273 of 1998 was dismissed by the Munsiff's Court and that the Commission Report.filed in the case cannot be looked into in the present suit.
(3.) The Court below considered the contentions in the light of Exts. A1 and B1 to B5 marked in the suit and found that the petitioner was entitled to get temporary injunction as prayed for in so far as there is prima facie evidence to show that the shop was within the prohibited distance.