1. The long and short of this intra court appeal filed by the State and its officers, the respondents in the writ petition, revolves round the interpretation of Rule 13(3) of Foreign Liquor Rules which prescribes the method of calculating the prohibited distance while granting bar licence to hotels located in the vicinity of educational institutions, places of worship etc.

2. The respondent’s request (Ext P3 application) for grant of bar licence (FL-3) for a hotel housed on the top four floors of a seven storied commercial complex in Thiruvalla town was rejected by the second appellant on the ground that the site is located within the prohibited distance from a primary school in the locality.

3. This case has a chequered history. The Assistant Excise Commissioner, Pathanamthitta, who made a local inspection consequent to Ext.P3 application, found that the total distance between a lower primary school which is the nearest educational institution and the entrance to the hotel of the respondent is 206 meters. Ext.P4, is the report filed by the Assistant Commissioner. However, by Ext P4, he recommended for the sanction of FL-3 license to the hotel. In paragraphs (3) and (4) o