1. The petitioner has come up with this writ petition under Art.226 of the Constitution praying for the issue of a writ of mandamus directing respondents 2 and 3, the Assistant Commissioner of Excise, Kottayam, and the State of Kerala, respectively to take immediate necessary action to prevent the 1st respondent, the licensee of toddy shop No. 52 of Mannanam Abkari Range from conducting the said toddy shop in a building comprised in Sy. No 907/14 situated very close to his residence

2. The averment in the writ petition in substance is that though toddy shop No. 52 had all along been conducted and, even according to the specifications in the auction notification, was required, to be conducted, in a building which belonged to one Kunneparambil Padmanabhan, situated about a kilo-" metre away from Sy. No. 907/14, instead of conducting it there, it is being conducted in Sy. No 907/14. According to the petitioner, there is a lower primary school and a Guru Mandiram at a distance of less than 400 metres from the building where the toddy shop is being conducted, and, therefore, it is being done in violation of the provisions contained in sub-rules (I) and (2) of R.6 of the Keral