A.V. Savant, C.J.

Heard both the learned counsel.

2. This is an appeal against the judgment and order dated 22.5.2000 passed by the learned Single Judge in O.P. 12130 of 2000.O.P. was filed by the present appellant Smt. Ancy Chacko challenging the impugned order dated 12th April, 2000, Ext. PI passed by the first respondent Commissioner of Excise, Thiruvananthapuram purporting to be in exercise of his powers under the first proviso to sub-r.(2) of R.6 of the Abkari Shops (Disposal in auction) Rules, 1974 (for short, "the rules") framed under the Kerala Abkari Act,1 of 1077. Under the impugned order dated 12th April, 2000 the first respondent had accorded sanction "to install the FLI shop No. 70/2000-2001 at Karukachal Panchayat" as per the proviso to R.6(2) of the aforesaid Rules on condition that the licensee will not be permitted to locate the shop outside its schedule limit with effect from 2001-2002. It was further ordered that the shop should be located in the schedule limit with effect from 1.4.2001.

3. Admitted facts are that the appellant is a licensee (FL-3) issued under R.13(3) of the Kerala Foreign Liquor Rules framed under the said Abkari Act. She is conducting