The main legal point established in the judgment is the limitation on the authority of law courts when interpreting statutory rules and the principles of issuing a writ of mandamus, emphasizing that it cannot be used to achieve what is directed through certiorari in judicial or quasi-judicial matters.

1. The appellant is the writ petitioner, and he prays for a mandamus or other appropriate writ against the first and second respondents. These are the State of Kerala and the Second Member of the Board of Revenue, who is ex-Officio Excise Commissioner. The third respondent is one Appukuttan Nair, who runs "Xavier Restaurant" in Quilon. The writ petition has been dismissed by a learned judge of this Court, and hence this appeal.

2. At this stage we would state the relevant facts, that are not in dispute. The appellant holds for the Quilon area, a license for sales of foreign liquor, particularly described as "Retail (tavern) license". This is for the period from April 1, 1960 to March 31, 1961, and has been, on February 29, 1960, issued under R.13 of the Rules framed under the Travancore Abkari Act, 1073, because the appellant had then been the successful bidder at the public auction. The third respondent has been, under the same Rule, granted a different license, particularly described as "the Foreign Liquor No. 3 Hotel (restaurant) License."

This is for the same period and for the Quilon town. The legality of granting the latter license to the third respondent, has been challenged by the writ petition, firstly on the ground of R.13 not having authorised the grant in favour of the third respondent. The appellant has next claimed that his fundamental right under Art.19 [g] has been infringed by the license in favour of the aforesaid respondent. It follows that the main issue in the appeal is, how far the interpretation, the appellant seeks to place on R.13, under which the third respondent been given the license, is correct. It would, therefore, be of advantage to quote the relevant part of the Rule: -

Rule 13. "Licenses for the sale of foreign liquor shall be of the following descriptions and in the forms appended hereto.

(1) Foreign liquor 1 Wholesale License. This may be issued by the Excise Commissioner for an annual fee of Rs. 3,000 subject to such instructions as may be issued by Government from time to time. Under this license the sale of liquor in any quantity less than one gallon at a time to one person is prohibited. Liquor sold under the license shall not be consumed on the premises.

[2] Foreign liquor 2 Retail [tavern] license. The privilege of sale under this license will be sold in public auction subject to the conditions of the sale notification, published by Government from time to time. The form of license will be prescribed by the Excise Commissioner.

[3] Foreign Liquor 3 Hotel (restaurant) license. Licenses in this form may be issued by the Excise Commissioner at his discretion for an annual fee of Rs. 2,000/- in each case. In any locality, in which a retail [tavern] license is functioning, hotel [restaurant] licenses will be issued only to retail [tavern] licensees. But the Excise Commissioner may grant licenses to persons other than retail or tavern licensees for the financial year 1952-53 holding hotel [restaurant] licenses in that year".

3. The Rule, with others, was published in the Gazette of January 17,1953, was expected to come into force from April, 1953, and been framed under S.8, 20 and 26 of the Travancore Abkari Act, No. IV of 1073, as amended by subsequent Acts. S.8 of the Act prohibits transports of liquor or intoxicating drinks, except under permits. S.20 directs the grant of license on the payment of fees for such period and sublet to such restrictions, as are contained in the license; and S.26 vests the Government with the power of framing Rules for purposes of the Act. It is, therefore, clear that the Rules for issuing licenses, have statutory force, and the executive authorities cannot otherwise permit sale of foreign liquor. R.13 particularly provides for three kinds of licenses. The first is called the Whole-Sale license, under which sales of foreign liquor to persons below certain quantity at a time are prohibited, and the liquor sold must not be consumed on the premises. The next