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2. According to the petitioner, the Circle Inspector of Excise, Neyyattinkara issued a certificate to the effect that the petitioner is not an Abkari defaulter and he has not convicted/acquitted in any NDPS case. Ext.P6 is the WP(C) 4650/2021 certificate. A similar clearance certificate was issued by the Circle Inspector of Excise, Vadakara, as evident from Ext.P7.

3. On 15.1.2021, the Assistant Engineer PWD Road Section issued a letter addressed to the Excise Circle Inspector, Neyyattinkara informing that there are two zebra crosses between Neyyattinkara TB junction and Hospital junction. The first zebra cross is 5 metres of the TB junction and the second zebra cross is between RB Palace Hotel and the Municipality. Ext.P8 is the certificate.

4. On 20.1.2021, the Circle Inspector of Excise, Neyyattinkara wrote to the Deputy Excise Commissioner regarding the application for issuance of a new FL-3 license at the petitioner's hotel. It was stated by the 5 th respondent Circle Inspector of Excise, Neyyattinkara that WP(C) 4650/2021 while measuring the distance through the zebra cross in the road on the North East of the petitioner's hotel, it is seen that, at a distance of 60 meters, a school by name, St.Philips English Medium School, Neyyattinkara, Holy Queen English Medium Nursery School is situated. But, if the distance is measured to the school, radially from the middle gate of the hotel, it is reported that the school is situated 13 metres away from the hotel. The distance from the south-western gate of the hotel to the school is 14 meters and from the north - eastern gate to the school is 28 meters. It is also stated that from the south - western gate, the distance to the said school is 98 metres, when measured through zebra cross. Moreover a cross (കരശട) is situated 52 meters away from the north - eastern gate, when it is measured through the zebra cross situated on northern WP(C) 4650/2021 side. It is also stated that at a distance of about 131 metres from the north - eastern side, the Government JB School is situated. It is further certified that the nearest objectionable site, i.e, St.Philips English Medium School, Neyyattinkara, Holy Queen English Medium Nursery School is situated 60 metres away from the petitioners hotel. It is also stated that there are no objectionable sites like, temple, church, mosque, educational institutions, crematory, SC/ST colonies within 50 metres. Ext.P9 is the copy of the letter of the 5th respondent, Circle Inspector of Excise addressed to the 3rd respondent. Exts.P10 and P11 are the true copies of site mahazar and location sketch prepared by the 5 th respondent, the Circle Inspector of Excise, Neyyattinkara based on which Ext.P9 was prepared. Exts.P12 and 13 are the acknowledgments thereof to show that the petitioner WP(C) 4650/2021 had initially submitted application for issuance of FL-3 license on 14.1.2021. It is submitted that the application was re-submitted as directed by the authorities. Ext.P14 is the acknowledgment to show that the application was re- submitted. Pursuant to Ext.P14 application, 4 th respondent the Joint Commissioner of Excise issued a report to the 2 nd respondent Excise Commissioner, Thiruvananthapuram on 29.1.2021, informing that there is no objection for issuing FL-3 license and recommended for the issuance of FL-3 license to the petitioner. Ext.P15 is the report. In Ext.P15, it is specifically stated that there are no objectionable sites within 50 metres of the petitioners establishment.

"5. After considering the rival contentions, the learned single Judge, placing reliance on the decision rendered by the Division Bench of this Court in State of Kerala vs. Sukumaran (1988 (2) KLT 261) held that the hostel is part of the educational institution and hence the distance rule contained in Rule 13(3) of the Foreign Liquor Rules very much applies to the hostel also. However, it was observed by the learned single Judge that the distance has to be measured from the 'main gate of the hostel' to the 'main gate of the hotel'. Taking note of the fact that the road in question has a 'central line' and also a 'zebra crossing' as divulged from Ext. P4 and relying on the mandate given by the Division Bench in Ext.P5 judgment, it was held that the distance had to be measured by taking the distance that a law abiding pedestrian would walk through, using the 'zebra cross' to reach the hotel from the hostel gate. Accordingly, the impugned order was set aside and the Writ Petition WP(C) 4650/2021 was disposed of directing that the distance from the gate of the men's hostel of the Medical College, Thiruvananthapuram to the main gate of the petitioner's hotel shall be re-measured in terms of the above observation and to decide the issue afresh within the time as specified therein.

12. In the light of the aforesaid judgment it is clear that the distance to be measured by taking the distance that a law abiding pedestrian would walk through by using foot path and zebra crossing. They measured the distance from the gate to gate through the zebra crossing. Admittedly, it is 60 meters. As per the rules, the school should not be within 50 meters. If that is the case, according to me, the issue is quitely covered by Vijaya Kumar's (supra) case. The senior counsel brought to the notice of this court that the Vijaya Kumar's (supra) case was challenged before the Apex Court and Special Leave Petition was dismissed by WP(C) 4650/2021 the Apex court. A copy of the order was made available. It is clear from the same that the S.L.P. No.12363 of 2009 is dismissed by the Apex Court on 6.7.2009, which is the special leave petition against the judgment of this court in Vijaya Kumar's (supra) case. Therefore, according to me, on this ground itself, Ext.P17 order will not stand.