The petitioner challenges Ext.P15, by which, a request for conducting a retail outlet for liquor sales has been rejected on the ground of the building is permitted to be used only for residential purpose and no commercial activity is permissible. Apparently, Ext.P15 dated 3.9.2014 is appealable before the Tribunal for Local Self Government Institutions. According to the petitioner, the finding of the Health Officer, on the basis of Ext.P15 is unsustainable. All such issues arises out of questions of fact, which cannot be decided in this writ petition.
In the said circumstances, this writ petition is dismissed reserving liberty to the petitioner to approach the Tribunal for Local Self Government Institutions by filing W.P.(C). No.23832 of 2014 -: 2 :-
an appeal. The petitioner is free to obtain appropriate interim orders from the Tribunal. In the mean time, the petitioner shall be permitted to continue occupation for a period of two months.
Sd/-
A.M. SHAFFIQUE, JUDGE.
Jvt