The Court affirmed the right of a licensed business to operate without unlawful obstruction, emphasizing the duty of law enforcement to protect lawful enterprises.

JUDGMENT

The writ petition is filed with the following prayers: “i) To issue a writ of mandamus or any other appropriate writ order or direction, directing respondent no. 3 and 4 to provide adequate police protection for the smooth conduct and operation of the toddy shop as prayed for in Exhibit P3 and P4.

ii) To issue a writ of mandamus or any other appropriate writ order or direction, directing respondent no. 3 and 4 to provide adequate police protection to the petitioner’s life, body, and property as prayed for in Exhibit P3 and P4.

iii) To issue appropriate Writ, order or direction commanding the respondent 3 and 4 to take appropriate action under law against the person who obstructs the petitioners from operating and conducting the toddy shop licensed to the petitioner.

iv) To issue such other Writ, direction, or order which this Hon’ble Court may be feels fit and proper in the facts and circumstances of the case.”

2. A statement has been filed by the 4^th respondent as directed by this Court, which reads as follows:

“3. It is the case of the petitioner that he has duly obtained all necessary statutory permissions and licences required for operating a toddy shop in the Mukkolalkkal area, which falls under the jurisdiction of the Kazhakuttom Police Station, Ever since securing the licence, the petitioner has been fully prepared to operate the toddy shop in strict compliance with all statutory provisions, regulatory norms, and directions issued by the competent authorities. The toddy shop is situated in the city limits, in the vicinity of Techno Park Phase11. The petitionerhas obtainedToddy Shop Licence No. 2025-

26/TVPM, issued by the Excise Department on 12.08.2025.

7. Jt is respectfully submitted that the aforesaid toddy shop presently remains non-functional, and the commencement of its operation continues to be obstructed by the 5" respondent, certain neighbouring residents, political activists and others. In these circumstances, it is brought to the kind notice of this Honourable Court that, since the proposed site is located in close proximity to Kazhakuttam Technopark Phase-Ill, permitting the opening and functioning of the toddy shop at the said location is likely to give rise to potential law and order issues in the locality.”

3. Taking note of the fact that the petitioner obtained all the licences/permissions to conduct a toddy shop, the party respondents have no right to physically obstruct the same. In case there is any obstructions from respondents 5 and 6 or any other persons, it will be open to the petitioner to approach the 4^th respondent – Station House Officer, who will take appropriate action, in accordance with law to prevent any physical obstruction to the running of the shop by the petitioner by either additional respondents 5, 6 or any other persons.

The writ petition is allowed as above.

Sd/-MOHAMMED NIAS C.P.