KRISHNA KUMAR Vs. STALE OF KERALA

JUDGEMENT

(1.) When the C.M.P. came up for hearing it was agreed that the original petition itself may be disposed of.

(2.) The question involved in this original petition is as to whether a beer parlour will come within the purview of R.6(2) of Abkari Shops (Disposal in Auction) Rules hereinafter referred to as Disposal in Auction Rules. R.6(2) prohibits among other the location of a foreign liquor shop within the prohibited distance of 400 metres from an educational institution, temple and certain other institutions mentioned therein. The question to be decided is as to whether a foreign liquor shop will include a beer parlour.

(3.) Foreign Liquor Shop as such is not defined in the Kerala Abkari Shops (Disposal in Auction) Rules. But it is mentioned in R.2(1) that all other words and expressions used therein and not defined in those rules shall have the meaning respectively assigned to them in the Abkari Act and other rules framed therein. S.3(13) of the Abkari Act defines 'Foreign Liquor' as including all liquor other than country liquor and S.3(10) defines liquor as including beer as well. Accordingly beer shop will also be a foreign liquor shop in accordance with Kerala Abkari Shops (Disposal in Auction) Rules, 1974 and the distance rule mentioned in 6(2) will apply to them as well.