STATE OF KERALA Vs. BABU JOHN

JUDGEMENT

(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.) THE Deputy Commissioner of Excise, South Zone on receipt of Ext.P4 report, took exception to it and found that, certain educational institutions come within the objectionable limits and accordingly declined recommendation as per Ext.P5 report. Based on Ext.P5 report, the second appellant rejected Ext.P3 application by Ext.P6 proceedings.