State Of Kerala vs M. K. Krishnan Nair & Ors.Andk. ... on 14 February, 1978
8. With regard to the mode of measurement of
the prohibited distance, the learned single Judge has
placed reliance on Ext.P5 judgment rendered by a
Division Bench of this Court, wherein it has been
categorically held that the measurement effected by
the Commissioner therein from gate to gate along the
foot path and through the zebra crossing, in
conformity with the traffic rules, is perfectly in
order. It is true that the said decision was rendered
with reference to Rule 6 (2) of the of the Kerala
Abkari Shops (Disposal in Auction ) Rules, 1974.
But the fact remains that the crux of Note (2) to Rule
13(3) of the Foreign Liquor Rules now relied on by
the State/Department was also in existence in a more
or less similar form as a 'Note' after the third proviso
to Rule 6(2) of the Kerala Abkari Shops (Disposal in
WP(C) 4650/2021
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Auction)Rules, 1974 - having had been added as
notified vide G.O.(MS.)No.136/86/TD dated
20.10.1986. The Note under Rule 13(3) of the
Foreign Liquor Rules was further amended by
adding the words " and the same will be measured
from gate to gate" vide notification bearing No. G.O.
(P) 30/93/TD dated 04.03.1993; which shows that
the 'shortest distance' mentioned in the Note does not
pave way to any illogical conclusions. Since the
cause of action forming the subject matter of Ext. P5
judgment was of the year 1993 and since Ext.P5
verdict was passed by the Bench in October 1993 ( at
a time when the restrictive Note was very much
available under Rule 6(2) of the relevant Rules), it is
rather puerile to contend by the State that the scope
of such restriction is still to be unearthed. Anyhow,
Ext. P5 judgment has not been challenged by the
State and it has become final.