Judgment :- 1. This Writ Petition filed on behalf of a Jacobite Syrian Church, by its Vicar and Trustees seeks to quash Ext. P-2 order passed by the Asst. Excise Commissioner, Ernakulam, the 2nd respondent rejecting the petition filed by the petitioners, complaining against the functioning of the sub-shop of Thrikkalathoor (Payipra) toddy shop, just near the St. Thomas Sunday school, conducted by the petitioner-church. This School is being conducted in building No. P. 11204, situated on the eastern side of a public road. The sunday school was started in 1956. 2. There are 70 students, alleged to be attending the classes run from 1 to 5 P. M., on every Sunday. There are said to be 7 classes and the students attending the school are of the age group from five years to sixteen years. The instruction given in the Sunday School is regarding religious matters, according to the syllabus approved by the Malankara Sunday School Association. Annual examinations are conducted under the supervision of the said association and certificates issued to the students who come out successful in the examination. It is alleged in the petition that Sunday School education is compulsory in the Jacobite Syrian Church and the Holy Sacraments like solemnization of marriage etc., can be refused by the Church to those who do not produce certificates showing that they have undergone education in Sunday School. The building where the Sunday School is being run is also said to be used by the members of the church on every Saturday at 5 P. M. for conducting prayer; there will also be speeches on religious subjects. 3. The third respondent bid in auction the right to run the toddy shop No. 39 for a period of one year from 141975 to 313 1976. He made an application to the second respondent for licence to run a sub-shop of the main shop in building No. PII, 205 which is situated adjacent to the Sunday School building, on the same side of the road. The distance between the two buildings is below 20 feet. In this building, it is said, a sub shop was sanctioned during 1974-75 which caused disturbance to the Sunday School. The church filed several petitions before the authorities including the Minister concerned. Some enquiries were conducted in the matter by Circle Inspector of Excise. The distance between the two buildings is below 20 feet. In this building, it is said, a sub shop was sanctioned during 1974-75 which caused disturbance to the Sunday School. The church filed several petitions before the authorities including the Minister concerned. Some enquiries were conducted in the matter by Circle Inspector of Excise. Kothamangalam, who made a report about the same to the superior authorities. It is alleged in the petition that the petitioner had been assured by the Range Officer of Excise, Muvattupuzha that for the financial year 1975-76 sub shop will not be sanctioned in the building No. P. 11205. 4. When the petitioner came to know about the application by the third respondent for licence for sub shop in the building concerned for the financial year 1975-76, a petition was filed on behalf of the church before the second respondent on 4 41975 objecting to the grant of the licence. The second respondent passed an order dated 4 41975, directing the Circle Inspector of Excise, Kothamangalam and Range Officer, Muvattupuzha to see that no sub shop functioned in objectionable distance from the Sunday School. The petitioner alleges, by virtue of the above direction the sub shop which was being run in anticipation of the licence in the building concerned was stopped on 6 41975 and the same was removed to building No. PI 295 which is situated about a furlong from the Sunday School on the opposite side of the same road. However, it would appear, that the third respondent obtained a licence for a sub shop in building No. P-II 205. Therefore, the petitioner filed a petition dated 17 71975 before the third respondent objecting to the grant of the licence. When the third respondent again started sub shop, the petitioner made enquiries at the office of the second respondent and then the order was served on the petitioner, which order is impugned in this Original Petition. 5. The said order, Ext. P2, states that "Sunday School is not a school for the purpose of R.6 of Kerala Abkari Shops Disposal by Auction Rules, and hence the request of the petitioner cannot be granted". The petitioner attacks this order, as illegal and ultra vires. It is said, that the order is against the mandatory provisions contained in R.6 (2) of the Kerala Abkari Shops (Disposal by Auction) Rules. 6. The petitioner attacks this order, as illegal and ultra vires. It is said, that the order is against the mandatory provisions contained in R.6 (2) of the Kerala Abkari Shops (Disposal by Auction) Rules. 6. In the counter affidavit filed on behalf of the third respondent, the order is sought to be sustained. It is contended therein that the petitioners have stopped the running of the Sunday School in the building in question from the last 11 months. It is alleged that "the persons who had gifted the building and the premises to the petitioners bad filed a suit in the Munsiff's Court, Muvattupuzha as O.S. No. 166 of 1975, against the church. It is said that the Munsiff's Court had issued an order of injunction against the church in that suit. It is further contended that the third respondent is entitled to run the sub-shop in the present premises as it is not causing inconvenience to the public or the Sunday School so far. The petitioner's allegations are said to be based on ulterior objects which have no factual foundation No student studying in the Sunday School has raised any complaint against the running of the sub shop. It is alleged that the third respondent had bid the shop for a huge amount taking into account the business prospects in the sub shop concerned. 7. In the reply affidavit filed by the petitioner it is pointed out that the injunction that has been issued in the suit is only for restraining the defendants in the suit from making any buildings contrary to the terms of the gift deed and the injunction does not prevent the running of the Sunday School in the building. 8. In considering the validity of Ext. P-2, what the court has to consider is whether it has been made in violation of R.6 of the Kerala Abkari Shops (Disposal by Auction) Rules, 1974. 8. In considering the validity of Ext. P-2, what the court has to consider is whether it has been made in violation of R.6 of the Kerala Abkari Shops (Disposal by Auction) Rules, 1974. R.6(1) in Chap.5 of the said Rules states that'no licensee of any toddy, arrack or foreign liquor shop shall be permitted to sell or possess toddy, arrack or foreign liquor or cocobrandy outside the local limits specified in his licence' Sub-rule (2) of R.6 states that'no toddy, arrack or foreign liquor shop shall be located outside the limits notified in the Gazette under R.4, but with the previous sanction of Assistant Excise Commissioner it may be removed from one place to another within such limits'. The said sub rule further states that'no shop other than a foreign liquor wholesale shop shall be located in, or removed to a place (a) within in area declared as a project area; or (b) within 400 metres from any Schools, Temples, Church, Mosque or burial ground: Provided that the Board of Revenue may, for sufficient reasons, permit any shop to be located in or removed to a place referred to in clause (a) or clause (b) subject to such restrictions and conditions, if any, as may be imposed.' 9. The school as such is not defined in the rules; so that we will have to go by the ordinary meaning of the word. In Webster's Third New International Dictionary, the word 'school' is given the meanings, "an institution for the teaching of children: a place where instruction is given" etc. A Sunday School is certainly a School. The learned counsel for third respondent invited my attention to certain provisions in the Kerala Education Rules. However, in construing the term 'school', we should not go into the provisions of the Kerala Education Rules as such which deals with organisations and development of educational institutions in the State, but which, in the nature of the State power, cannot deal with schools where religious instructions are given. It might be noted that under the relevant rule, objection is with regard to the situation of a liquor shop near a school, temple, church, mosque or burial ground. I think, it would be proper to construe the word 'school' to include the Sunday School as to advance the remedy and suppress the mischief contemplated under the relevant rules. 10. I would therefore set aside Ext. I think, it would be proper to construe the word 'school' to include the Sunday School as to advance the remedy and suppress the mischief contemplated under the relevant rules. 10. I would therefore set aside Ext. P-2 order and direct the second respondent to consider the question afresh in accordance with law and in the light of what is stated above. Under the relevant rule, there cannot be a toddy shop within 400 metres from any school etc., which term 'school' takes in a 'Sunday School' also. The Original Petition is disposed of as above. There will be no order as to costs. Allowed.