The short but serious question that arises for consideration is, whether Sreenarayana Guru Mandiram involved in the case is a 'temple' within the meaning of R.6(2)(a)(ii) of The Abkari Shop's (Disposal in auction) Rules 1974, for short, The Rules.

2. The petitioner is the defendant in the suit instituted by respondents 1 and 2 for a permanent injunction restraining the petitioner from conducting the sub-shop in question in the plaint schedule property. The temporary injunction prayed for was granted by the trial court. On appeal the appellate court holding that "the idol installed in the Gurumandiram is a deity and the Gurumandiram referred to in the plaint is a temple as defined in The Kerala Abkari Shops (Disposal in auction) Rules, 1974" affirmed the order of the trial court. The appellate court, it is seen from the judgment, has rejected all other contentions raised by the plaintiffs namely that the sub shop is situated within 400 metres from the supposed educational institution, St. Mary's Residential Central School and the Anganavadi etc. The plaintiffs have not challenged those findings and therefore the only question that survives for consideration is the one men