1Fourth respondent in O. P. 6430/1993 is the appellant. That Original Petition was filed by three petitioners questioning the conduct of Toddy Shop No. 107/91-94 of Aluva Excise Range. According to the writ petitioners, fourth respondent was conducting the shop in violation of the provisions contained in the Kerala Abkari Shops (Disposal in Auction, Rules, 1974, hereinafter referred to as "the Rules", inasmuch as it is located within the prohibited distance from St. Antony's Church, Aluva, a Mosque and St. Mary's High School. Consequently writ petitioners prayed for a writ of mandamus directing respondents 1 to 3 in the Original Petition, who are the State of Kerala, Board of Revenue and Assistant Commissioner of Excise, Ernakulam respectively, to cancel the licence issued to the 4th responded to run the Toddy Shop in Survey No.261/I-A of Aluva Village. Learned Single Judge by judgment dated 2-8-1993 directed third respondent to take appropriate action as per the provisions contained in the Rules within a reasonable time. The appellant - fourth respondent questions the said decision in this appeal.

2The main arguments advanced by the learned counsel representing the appellant are as

Click Here to Read the rest of this document