Jagannadha Rao, CJ.

This appeal is preferred against the judgment of the learned single judge in OP 14835 of 1992-N dated 20-1-1993 dismissing the writ petition. The writ petitioner is the appellant. The main point arising in the case deals with the interpretation that is to be given to the Note below Rule 6(2) of the Kerala Abkari Shops (Disposal in auction)

Rules, 1974 (hereinafter referred to as 'the Abkari rules').

2. The appellant-writ petitioner is a resident of Irinjalakuda Municipality. Second respondent is an abkari contractor who successfully bid in an abkari auction in the Irinjalakuda Range for three years from 1-4-1991 to 31-3-1994. The case of the appellant is that the toddy shop of the aforesaid second respondent is within 200 metres from Maria Bhavan Church and, therefore, the same is within the prohibited distance under the Abkari Rules and is liable to be closed down. A question had arisen as to whether the said Maria Bhavan Church is a mere chaper coming within the meaning of 'chapel' as explained in Abdul Hameed v. Asst. Excise Commissioner (1992(1) KLT 774) or is a regular church. Yet another question that was raised before the learned single judge was