M. Jaganadha Rao, C.J.

1. This is an appeal preferred by the second respondent in the writ petition, OP 5794 of 1992-M. By the judgment dated 7-7-1992, the learned single Judge allowed the writ petition filed by the first respondent and issued certain directions.

2. The first respondent writ petitioner is the parent of a student studying in the sixth standard in the Government Raja's High School. Kottakkal. The school has about 3,000 students and also a Parent Teacher-Association. The complaint in the writ petition is that the Excise authorities had granted a licence in favour of the appellant second respondent as per Ext. R2(a) for the excise year from 1-4-1992 to 31-3-1993 and that the said shop which is a retail foreign liquor shop) is located within 400 metres from the school and, therefore, there is a violation of R.6(2) of the Kerala Abkari Shops (Disposal in Auction) Rules, 1974 (hereinafter referred to as 'the Abkari Rules'). At the instance of the parties, an Advocate-Commissioner was appointed by the learned single Judge in CMP 9853 of 1992 and the Commissioner submitted a report stating that the total distance between the shop and the school inclusive of the public