JUDGMENT

Writ petitioner is the licensee of all toddy shops in group II in Thodupuzha Excise range in Idukki division. Toddy shop No.49 was included in that group. The toddy shop was conducted in a building, which, according to the writ petitioner was in a dilapidated condition. Hence, he proposed to shift that toddy shop to another building, which was taken on rent from another person evidenced by Ext.P1 consent letter. Subsequently, Ext.P2 application was submitted to the second respondent through the third respondent seeking permission for shifting the toddy shop from the present building to the building covered by Ext.P1. It seems that, objection was raised by one Sanjo C.M.I. Public School on the ground that the proposed toddy shop would fall within the objectionable limit as contemplated under the Abkari Act. The application was considered on the basis of the report of the Village Officer submitted to the third respondent as well as the location map, both produced as Exts.P3 and P4 respectively. It seems that the distance was calculated through a lane/thondu. The distance was only 390ms, which was less than the objectionable distance of 400ms. Consequently, by Ext.P7 order, th