P.B. Suresh Kumar, J.

The question falls for consideration in these matters pertains to the scope of the definition of 'Educational Institution' contained in the Kerala Abkari Shops Disposal Rules, 2002 ('the Rules').

2. The petitioners in W.P.(C).No.34672 of 2016 are residents of Ward No.51 of Kottayam Municipality. Their grievance in the writ petition concerns the permission granted to the third respondent in the said writ petition by the authorities under the Rules to establish a toddy shop in the vicinity of the residences of the petitioners. Sub-rule (2) of Rule 7 of the Rules prohibits establishment of toddy shops within 400 meters from educational institutions. According to the petitioners, an Anganwadi is functioning within 200 meters from the building where the toddy shop is permitted to be established; that Anganwadi would fall within the definition of 'Educational Institution' contained in the Rules and therefore, establishment of the toddy shop in the said building would be contrary to the Rules. The petitioners, though preferred a representation pointing out the said aspect before the Commissioner of Excise, the same was rejected by the Commissioner holding that Anganwadi would not come within the scope of the definition of 'Educational Institution' contained in the Rules. The petitioners, therefore, seek among others, a declaration that Anganwadi would come within the definition of 'Educational Institution" contained in the Rules.

3. The petitioners in W.P.(C).No.10041 of 2017 are office bearers of two residents associations functioning at Ponnurunni, within the limits of the Corporation of Kochi. Their grievance in the writ petition concerns the Foreign Liquor-1 shop established by the fifth respondent at Ponnurunni. Sub-rule (2) of Rule 7 of the Rules prohibits establishment of Foreign Liquor-1 shop within 200 meters from educational institutions. According to the petitioners, an Anganwadi is functioning within 100 meters from the building where the Foreign Liquor-1 shop has been established; that Anganwadi would fall within the definition of 'Educational Institution' contained in the Rules and therefore, establishment of the Foreign Liquor-1 shop in the said building would be contrary to the Rules. The petitioners, therefore, seek among others, a declaration that the establishment of the Foreign Liquor-1 shop in the building referred to in the writ petition is illegal.

4. Statements have been filed in these matters by the official respondents and counter affidavits have been filed by the party respondents. The uniform stand taken by the official as also the party respondents in their pleadings is that Anganwadi would not come within the definition of 'Educational Institution' contained in the Rules.

5. Heard the learned counsel on either side.

6. Sub-rule (2) of Rule 7 of the Rules prohibits establishment of toddy shops within 400 meters and Foreign Liquor-1 shops within 200 meters, from educational institutions. This fact is not disputed. The fact that an Anganwadi is functioning within 200 meters from the building where the toddy shop is proposed to be established by the third respondent in W.P.C.No.34672 of 2016 and the fact that an Anganwadi is functioning within 100 meters from the building where the Foreign Liquor-1 shop has been established by the fifth respondent in W.P.C.No.10041 of 2017 are also not in dispute. The question, therefore, is whether an Anganwadi would fall within the definition of 'Educational Institution' contained in the Rules.

7. Going by the plain meaning of the words used in the clause defining 'Educational Institution' as contained in the Rules, an Anganwadi would not fall within the said clause. The learned counsel for the petitioners do not dispute this fact. However, they contend that since Rule 2 of the Rules which defines the various words and phrases starts with the expression 'unless the context otherwise requires', a contextual interpretation has to be given to the phra