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Kerala High Court
Manchu Prakash vs The State Of Kerala on 2 February, 2026
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 40328 OF 2025
PETITIONERS:
1 MANCHU PRAKASH,
AGED 60 YEARS, W/O. PRAKASH,
ANUSRI BHAVAN,
MANNANCHERRY P.O., ALAPPUZHA, PIN-688538
2 RAMANAN,
AGED 73 YEARS, S/O. VELAPPAN,
MANIPARAMBIL,
CHITTEKKADU MURI, PATHIRAPPILLY P.O.,
ALAPPUZHA, PIN-688521
BY ADVS. SRI.VIVEK MENON
SRI.RANCE R.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY
TO THE GOVERNMENT, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
2 THE DEPUTY SUPERINTENDENT OF POLICE,
CCSB ROAD, CIVIL STATION WARD,
ALAPPUZHA, PIN-688012
3 THE CIRCLE INSPECTOR OF POLICE,
MANNANCHERRY, MARARIKULAM,
ALAPPUZHA, PIN-688523
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
-2-
4 THE DEPUTY COMMISSIONER OF EXCISE,
DIVISION OFFICE EXCISE COMPLEX,
IRON BRIDGE P.O.,NEAR GENERAL HOSPITAL,
ALAPPUZHA, PIN-688011
5 SHAJI,
CHINNAMVELIYIL,
NORTH ARYAD P.O., ALAPPUZHA, PIN-688538
6 SIVAKUMAR,
SIVALAYAM,
NORTH ARYAD P.O., ALAPPUZHA, PIN-688538
7 SALINI,
SIVALAYAM,
NORTH ARYAD P.O., ALAPPUZHA, PIN-688538
8 SURESH,
CHIRAYIL,
NORTH ARYAD P.O., ALAPPUZHA, PIN-688538
9 PRIYAMMA,
SIVALAYAM,
NORTH ARYAD P.O., ALAPPUZHA, PIN-688538
R1-R4 SMT. DEVI SHRI R., GOVERNMENT PLEADER
R5-R9 SRI. HALVI K.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2026, ALONG WITH WP(C) NOS.42298/2025 &
44689/2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 42298 OF 2025
PETITIONER:
PRIYAMVADA,
AGED 72 YEARS, W/O. DAS (LATE),
RESIDING AT SIVALAYAM,
THAMBAKACHUVADU, WARD NO. 8,
MANANCHERY GRAMA PANCHAYAT,
NORTH ARYADU P O.,
ALAPPUZHA DISTRICT, PIN-688538
BY ADV. HALVI K.S.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY,
TAXES (EXCISE) DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
2 THE DISTRICT COLLECTOR,
CIVIL STATION WARD, ALAPPUZHA,
KERALA, PIN-688001
3 THE DEPUTY COMMISSIONER OF EXCISE,
OFFICE OF THE DEPUTY EXCISE COMMISSIONER,
ALAPPUZHA, PIN-688001
4 THE EXCISE CIRCLE INSPECTOR,
EXCISE RANGE OFFICE,
2ND FLOOR, IRON BRIDGE P.O.,
ALAPPUZHA, PIN-688011
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
-4-
5 MANJU PRAKASHAN,
W/O. PRAKASH, (PROPRIETOR OF TODDY SHOP)
LICENSED OPERATOR OF TODDY SHOP NO. 22,
RESIDING AT ANUSREE BHAVAN,
MANNANCHERRY P.O., AMBALAPPUZHA TALUK,
ALAPPUZHA, PIN-688538
R1-R4 SMT. DEVI SHRI R., GOVERNMENT PLEADER
R5 ADVS. SRI.VIVEK MENON
SRI.RANCE R.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2026, ALONG WITH WP(C)NO.40328/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
-5-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 2ND DAY OF FEBRUARY 2026 / 13TH MAGHA, 1947
WP(C) NO. 44689 OF 2025
PETITIONER
MANCHU PRAKASH,
AGED 60 YEARS, W/O. PRAKASH,
ANUSRI BHAVAN,
MANNANCHERRY P.O., ALAPPUZHA, PIN-688538
BY ADVS. SRI.VIVEK MENON
SRI.RANCE R.
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, 1ST FLOOR, CIVIL STATION,
BEACH ROAD,ALAPPUZHA, PIN-688001
2 THE DEPUTY COMMISSIONER OF EXCISE,
DIVISION OFFICE EXCISE COMPLEX,
IRON BRIDGE P.O.,NEAR GENERAL HOSPITAL,
ALAPPUZHA, PIN-688011
3 THE CIRCLE INSPECTOR OF EXCISE,
EXCISE CIRCLE OFFICE, EXCISE COMPLEX,
IRON BRIDGE P.O., NEAR GENERAL HOSPITAL,
ALAPPUZHA, PIN-688011
4 MANNANCHERRY GRAMA PANCHAYAT, MANNANCHERRY,
REPRESENTED BY ITS SECRETARY, PIN-688538
5 THE SECRETARY,
MANNANCHERRY GRAMA PANCHAYAT,
MANNANCHERRY, PIN-688538
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
-6-
6 PRIYA DAS,
W/O. K. DAS, SIVALAYAM,
NORTH ARYAD P.O., ALAPPUZHA, PIN-688538
7 SIVAKUMAR D.,
SIVALAYAM,
NORTH ARYAD P.O., ALAPPUZHA, PIN-688538
8 SREEJA,
W/O. SURESH, CHIRAYIL,
NORTH ARYAD P.O., ALAPPUZHA, PIN-688538
9 AMBIKA,
W/O. SELVARAJ, CHIRAYIL,
NORTH ARYAD P.O., ALAPPUZHA, PIN-688538
10 SWAPNA,
W/O. HARILAL, CHIRAYIL,
NORTH ARYAD P.O., ALAPPUZHA, PIN-688538
R1-R3 SMT. DEVI SHRI R., GOVERNMENT PLEADER
R4&R5 SRI.V.K.BALACHANDRAN, STANDING COUNSEL,
MANNANCHERRY GRAMA PANCHAYAT
R6-R10 SRI.HALVI K.S.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.02.2026, ALONG WITH WP(C) NO.40328/2025 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
-7-
MOHAMMED NIAS C.P., J.
----------------------------------------------------
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
---------------------------------------------------
Dated this the 2nd day of February, 2026
JUDGMENT
W.P.(C) No.40328 of 2025 is filed by the licensee in respect
of the toddy shops in Group No. V of Alappuzha Excise Range,
seeking an order of police protection to the petitioners and their
workers to conduct T.S. No. 22/2025-26, without any obstruction
from respondents 5 to 9 or their men.
2. An interim order was passed by this Court on 10 th
November, 2025, as follows:-
Adv. Halvi K.S. appears for respondents 5 to 9 and
seeks time to file a counter. Two weeks is granted.
In the meantime, there will be a direction to the
third respondent to ensure that the petitioners and
their workers of the shop T.S.No.22/2025-26 in
Group No. V of Alappuzha Excise Range, functions
on the strength of Ext.P4 licence, without any
obstruction from respondents 5 to 9 or their
followers in Building No. MGP 8/292-A of
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
Mannacherry Grama Panchayat, pending disposal of
the Writ petition.
3. The above order is still in force.
4. As respondents 5 to 9 or their men cannot physically
obstruct the petitioners, who are the licensees, the interim order
dated 10th November is made absolute.
5. Accordingly, the writ petition is disposed of, permitting
the petitioners to make a complaint before the 3 rd respondent in
case respondents 5 to 9 or anyone obstruct their functioning. In the
event of a complaint, the 3rd respondent shall take appropriate
action to avert the obstruction of the running of the licenced shop.
6. W.P.(C) No.44689 of 2025 is filed by the same petitioner
challenging Ext.P8 order dated 14.11.2025 passed by the District
Collector, alleging that the building in which T.S. No.22/2025-26 is
functioning is included under the category "other special housing
needs" in the assessment register of the 4th respondent Panchayat
and therefore, the functioning of the toddy shop can only be after
changing the nature of occupancy as "commercial". Ext.P8 order
was stayed by this Court on 27.11.2025.
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
7. The learned Senior Counsel for the petitioner submits
that pending the writ petition, orders have been passed by the
Panchayat, Ext.P12, changing the occupancy to shops /commercial.
Therefore, the defects noticed in Ext.P8 no longer exist.
8. In view of the above, Exts.P8 to P10 orders are quashed.
9. The writ petition is allowed as above.
10. W.P.(C) No.42298 of 2025 is filed by the party
respondents in W.P.(C) No.40328 of 2025 and W.P.(C) No.44689 of
2025, seeking to quash Ext.P4 order, through which the petitioner
was granted permission to relocate the shop.
11. In view of the disposal of the earlier two writ petitions,
I am not inclined to grant any relief in this writ petition and the
same is closed without prejudice to the right of the petitioner to
approach the authorities concerned in case they allege any
statutory violation on the part of the petitioners in the other cases,
in the running of the shop in question.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
APPENDIX OF WP(C) NO. 40328 OF 2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE LICENSE ISSUED
BY THE 4TH RESPONDENT IN RESPECT OF
T.S.NO. 22 IN THE NAME OF THE
PETITIONER
Exhibit P2 TRUE PHOTOCOPY OF THE BUILDING
CERTIFICATE NO. PTBC-04627948-2025
DATED 20.09.2025 ISSUED BY THE
MANNANCHERRY GRAMA PANCHAYAT
Exhibit P3 TRUE PHOTOCOPY OF THE ORDER NO.
EDOALP/901/2025-A1 DATED 10.10.2025
ISSUED BY THE 4TH RESPONDENT
Exhibit P4 TRUE PHOTOCOPY OF THE INTER DIVISION
TODDY TRANSPORT PERMIT BEARING NO.
IDTP/2025/02307 DATED 16.10.2025
ISSUED BY THE 4TH RESPONDENT
Exhibit P5 TRUE PHOTOCOPY OF THE CRIME &
OCCURRENCE REPORT NO.105/23 DATED
01.07.2023
Exhibit P6 TRUE PHOTOCOPY OF THE COMPLAINT
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT
Exhibit P6(a) TRUE PHOTOCOPY OF THE COMPLAINT
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
Exhibit P7 TRUE PHOTOCOPY OF THE RECEIPT OF
ACKNOWLEDGEMENT DATED 21.10.2025
ISSUED BY THE 3RD RESPONDENT
Exhibit P7(a) TRUE PHOTOCOPY OF THE RECEIPT OF
ACKNOWLEDGEMENT DATED 22.10.2025
ISSUED BY THE 2ND RESPONDENT
Exhibit P8 TRUE PHOTOCOPY OF THE DEED
NO.2722/I/2022 DATED.19.10.2022 IN
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
RESPECT OF MY PROPERTY IN SURVEY NO.
403/4 OF KOMALAPURAM VILLAGE
Exhibit P9 TRUE PHOTOCOPY OF THE INTERIM ORDER
DATED 27.11.2025 IN W.P.(C)NO. 44689
OF 2025
Exhibit P9(a) TRUE PHOTOCOPY OF THE INTERIM ORDER
DATED 11.12.2025 IN W.P.(C)NO. 44689
OF 2025
Exhibit P10 TRUE PHOTOCOPY OF THE BUILDING
CERTIFICATE DATED 16.12.2025 ISSUED BY
THE SECRETARY, MANNANCHERRY PANCHAYAT
RESPONDENTS' EXHIBITS
Exhibit R9(1) A TRUE COPY OF THE SALE DEED DATED
17-03-2014 EXECUTED IN FAVOUR OF THE
9TH RESPONDENT
Exhibit R9(2) A TRUE COPY OF THE COMPLAINT DATED
11-03-2025 FILED BY THE 9TH RESPONDENT
AND OTHER RESIDENT
Exhibit R9(3) A TRUE COPY OF THE COMMUNICATION DATED
09.10.2025 ISSUED BY THE DISTRICT
COLLECTOR, ALAPPUZHA
Exhibit R9(4) A TRUE COPY OF THE WRIT PETITION IN W
P (C) NO. 42298/2025 (WITHOUT
EXHIBITS)
Exhibit R9(5) A TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE MINOR JANAKI, D/O SIVAKUMAR D
TO THE HON'BLE CHIEF MINISTER THROUGH
CM ONLINE PORTAL
Exhibit R9(6) A TRUE COPY OF THE ORDER DATED
14-11-2025 OF THE DISTRICT COLLECTOR,
ALAPPUZHA BEARING NO. DCALP/3189/2025-
N7
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
APPENDIX OF WP(C) NO. 42298 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE MASS PETITION DATED
11-03-2025 FILED BY THE PETITIONER AND
OTHERS
Exhibit P2 A TRUE COPY OF THE COMMUNICATION NO.
DCALP/3189/2025-N7 DATED 09.10.2025
ISSUED BY THE 2ND RESPONDENT
Exhibit P3 A COPY OF THE REPRESENTATION FILED BY
THE PRIYA DAS BEFORE THE 2ND
RESPONDENT
Exhibit P4 A COPY OF THE ORDER DATED 10-10-2025
BEARING NO. EDOALP/901/2025-A1 PASSED
BY THE 3RD RESPONDENT
RESPONDENTS' EXHIBITS
Exhibit R5[a] TRUE PHOTOCOPY OF THE LICENSE RENEWAL
CERTIFICATE DATED 28.03.2025 ISSUED BY
THE 3RD RESPONDENT IN RESPECT OF
Exhibit R5[b] TRUE PHOTOCOPY OF THE BUILDING PERMIT
NO. BT-BA(127770)/2025 DATED
21.04.2025 ISSUED BY THE SECRETARY OF
MANNANCHERRY GRAMA PANCHAYAT
Exhibit R5[c] TRUE PHOTOCOPY OF THE INTERIM ORDER
DATED 10.11.2025 IN W.P.(C)NO. 40328
OF 2025
Exhibit R5[d] TRUE PHOTOCOPY OF THE INTERIM ORDER
DATED 11.12.2025 IN W.P.(C)NO. 40328
OF 2025
Exhibit R5[e] TRUE PHOTOCOPY OF THE ORDER BEARING
NO. DCALP/3189/2025-N7 DATED
14.11.2025 ISSUED BY THE 2ND
RESPONDENT
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
Exhibit R5[f] TRUE PHOTOCOPY OF THE INTERIM ORDER
DATED 27.11.2025 IN W.P.(C)NO. 44689
OF 2025
Exhibit R5[g] TRUE PHOTOCOPY OF THE BUILDING
CERTIFICATE NO. PTBC-05686235-2025
DATED 16.12.2025 ISSUED BY THE
SECRETARY OF MANNANCHERRY GRAMA
PANCHAYAT
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
APPENDIX OF WP(C) NO. 44689 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE LICENSE ISSUED
BY THE 2ND RESPONDENT IN RESPECT OF
T.S.NO. 22 IN THE NAME OF THE
PETITIONER
Exhibit P2 TRUE PHOTOCOPY OF THE ORDER DATED
21.04.2025 ISSUED BY THE 5TH
RESPONDENT
Exhibit P3 TRUE PHOTOCOPY OF THE BUILDING
CERTIFICATE NO. PTBC-04627948-2025
DATED 20.09.2025 ISSUED BY THE
MANNANCHERRY GRAMA PANCHAYAT
Exhibit P4 TRUE PHOTOCOPY OF THE ORDER NO.
EDOALP/901/2025-A1 DATED 10.10.2025
ISSUED BY THE 2ND RESPONDENT
Exhibit P5 TRUE PHOTOCOPY OF THE INTER DIVISION
TODDY TRANSPORT PERMIT BEARING NO.
IDTP/2025/02307 DATED 16.10.2025
ISSUED BY THE 3RD RESPONDENT
Exhibit P6 TRUE PHOTOCOPY OF THE INTERIM ORDER
DATED 10.11.2025 IN W.P.(C)NO. 40328
OF 2025
Exhibit P7 TRUE PHOTOCOPY OF THE NOTICE BEARING
NO. DCALP/3189/2025-N7 DATED
31.10.2025 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P8 TRUE PHOTOCOPY OF THE ORDER BEARING
NO. DCALP/3189/2025-N7 DATED
14.11.2025 ISSUED BY THE 1ST
RESPONDENT.
Exhibit P9 TRUE PHOTOCOPY OF THE ORDER BEARING
NO. 5972182-2025 DATED 17.11.2025
ISSUED BY THE 5TH RESPONDENT
Exhibit P10 TRUE PHOTOCOPY OF THE LETTER/ORDER
BEARING NO. E.CA01/2025/A1 DATED
2026:KER:8591
W.P.(C) Nos. 40328, 42298 & 44689 of 2025
22.09.2025 (SIC) ISSUED BY THE 3RD
RESPONDENT
Exhibit P11 TRUE PHOTOCOPY OF THE FILE TRACKING
RECEIPT DATED 17.11.2025
Exhibit P12 TRUE PHOTOCOPY OF THE BUILDING
CERTIFICATE NO. PTBC-05686235-2025
DATED 16.12.2025 ISSUED BY THE 5TH
RESPONDENT
