The main legal point established in the judgment is that the term 'school' in R.6(2) of the Kerala Abkari Shops (Disposal by Auction) Rules includes a 'Sunday School', thereby prohibiting the location of a toddy shop within 400 meters from the Sunday School.

1. This Writ Petition filed on behalf of a Jacobite Syrian Church, by its Vicar and Trustees seeks to quash Ext. P-2 order passed by the Asst. Excise Commissioner, Ernakulam, the 2nd respondent rejecting the petition filed by the petitioners, complaining against the functioning of the sub-shop of Thrikkalathoor (Payipra) toddy shop, just near the St. Thomas Sunday school, conducted by the petitioner-church. This School is being conducted in building No. P. 11204, situated on the eastern side of a public road. The sunday school was started in 1956.

2. There are 70 students, alleged to be attending the classes run from 1 to 5 P. M., on every Sunday. There are said to be 7 classes and the students attending the school are of the age group from five years to sixteen years. The instruction given in the Sunday School is regarding religious matters, according to the syllabus approved by the Malankara Sunday School Association. Annual examinations are conducted under the supervision of the said association and certificates issued to the students who come out successful in the examination. It is alleged in the petition that Sunday School education is compulsory in the Jacobite Syrian Church and the Holy Sacraments like solemnization of marriage etc., can be refused by the Church to those who do not produce certificates showing that they have undergone education in Sunday School.

The building where the Sunday School is being run is also said to be used by the members of the church on every Saturday at 5 P. M. for conducting prayer; there will also be speeches on religious subjects.

3. The third respondent bid in auction the right to run the toddy shop No. 39 for a period of one year from 141975 to 313 1976. He made an application to the second respondent for licence to run a sub-shop of the main shop in building No. PII, 205 which is situated adjacent to the Sunday School building, on the same side of the road. The distance between the two buildings is below 20 feet. In this building, it is said, a sub shop was sanctioned during 1974-75 which caused disturbance to the Sunday School. The church filed several petitions before the authorities including the Minister concerned. Some enquiries were conducted in the matter by Circle Inspector of Excise. Kothamangalam, who made a report about the same to the superior authorities. It is alleged in the petition that the petitioner had been assured by the Range Officer of Excise, Muvattupuzha that for the financial year 1975-76 sub shop will not be sanctioned in the building No. P. 11205.

4. When the petitioner came to know about the application by the third respondent for licence for sub shop in the building concerned for the financial year 1975-76, a petition was filed on behalf of the church before the second respondent on 4 41975 objecting to the grant of the licence. The second respondent passed an order dated 4 41975, directing the Circle Inspector of Excise, Kothamangalam and Range Officer, Muvattupuzha to see that no sub shop functioned in objectionable distance from the Sunday School. The petitioner alleges, by virtue of the above direction the sub shop which was being run in anticipation of the licence in the building concerned was stopped on 6 41975 and the same was removed to building No. PI 295 which is situated about a furlong from the Sunday School on the opposite side of the same road. However, it would appear, that the third respondent obtained a licence for a sub shop in building No. P-II 205. Therefore, the petitioner filed a petition dated 17 71975 before the third respondent objecting to the grant of the licence. When the third respondent again started sub shop, the petitioner made enquiries at the office of the second respondent and then the order was served on the petitioner, which order is impugned in this Original Petition.

5. The said order, Ext. P2, states that "Sunday School is not a school for the purpose of R.6 of Kerala Abkari Shops Disposal by Auction Rules,