Sreedharan, J.

Fifth respondent in O.P. 9636 of 1993 is the appellant. He is the licensee of Arrack Shop No. 20 of Kothamangalam Range for the year 1993-94 His shop is located within the prohibited distance from Thattekad Siva Temple. But, the temple and the arrack shop belonging to the appellant are situated on cither sides of the Periyar River. The width of the Periyar River is about 200 metres. The writ petitioners approached this Court inter-alia praying for the issuance of a writ of mandamus directing the State and officials of the Excise Department to remove the shop belonging to the fifth respondent-appellant herein from the prohibited distance from the temple. Learned Single Judge, by judgment dated 5-11-1993, directed the Assistant Excise Commissioner, Ernakulam to take action to shift Arrack Shop No. 20 belonging to the appellant to an unobjectionable place. This direction given by the learned Single Judge is under challenge.,

2. The fact that Thattekad Siva Temple, made mention of in the Original Petition, is a "temple" as defined in Abkari Shops (Disposal in auction) rules, 1974, hereinafter referred to as "the Rules", is not in dispute. It is also the common