IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 29345 of 2011(P) ---------------------------------------- PETITIONER(S): ------------------------ 1. M.M.SIBY, AGED 38 YEARS, S/O.MANI, MANAICKAL CHIRA HOUSE, MANJAKUZHI KARA, RAJAKUMARI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 2. SANAL, S/O.MANI, MANAICKAL CHIRA HOUSE, MANJAKUZHI KARA, RAJAKUMRI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 3. VINSALA, W/O.SIBY, MANJAKUZHI KARA, RAJAKUMARI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. 4. SAJEEV, S/O.MANI, MANAICKAL CHIRA HOUSE, MANJAKUZHI KARA, RAJAKUMRI VILLAGE, UDUMBANCHOLA TALUK,IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S): ---------------------------- 1. SUPERINTENDENT OF POLICE, IDUKKI, KUYILUMALA, PYNAVU, IDUKKI DISTRICT - 688 509. 2. DEPUTY SUPERINTENDENT OF POLICE, MUNNAR, DEVIKULAM, IDUKKI DISTRICT - 688 509. 3. SUB INSPECTOR OF POLICE, SANTHANPARA,IDUKKI DISTRICT - 688 509. Kss ..2/- ..2.... WPC.NO.29345/2011 P 4. H.R.T.U.(CITU) REPRESENTED BY ITS SECRETARY, V.N.MOHANAN, H.R.T.U.OFFICE, SANTHANPARA, UDUMBANCHOLA TALUK, IDUKKI DISTRICT 0 688 509. 5. HARIKUTTAN, S/O.NARAYANAN NAIR, MALLIKA SADAN HOUSE, KURUVIALA CITY KARA, RAJAKUMARI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 688 509. 6. EASWARY, W/O.MURUGAN, MANJAKUZHI KARA, RESIDING AT MANJAKKUZHI ESTATE, RAJAKUMARI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 688 509. 7. MARY, THANNICHUVATTIL HOUSE, KURUVIALA CITY KARA, RAJAKUMARI VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 688 509. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI.M.K.ABOOBACKER R4 TO R7 BY ADVS.SRI.SAJI MATHEW, SRI.DENU JOSEPH, SRI.ANTONY XAVIER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29345/2011 P APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1. TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR OF THE 1ST PETITIONER DATED 21.7.2011 AND ITS TAX RECEIPT DATED 22.7.2011 AND PROCEEDINGS OF THE CARDAMOM SETTLEMENT OFFICER, KUMILY DATED 1.6.2011. EXHIBIT-P1(a).TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN FAVOUR OF THE 2ND PETITIONER DATED 21.7.2011 AND ITS TAX RECEIPTS DATED 22.7.2011 AND PROCEEDING OF THE CARDAMOM SETTLEMENT OFFICER, KUMILY DATED 1.6.2011. EXHIBIT-P2. TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21.7.2011 TAX RECEIPTS DATED 22.7.2011 AND 22.4.2011 AND PROCEEDINGS OF THE ASSISTANT CARDAMOM SETTLEMENT OFFICER KUMILY IN FAVOUR OF THE 3RD PETITIONER DATED 1.6.2011. EXHIBIT-P2(a).TRUE COPY OF THE POSSESSION CERTIFICATE DATED 21.7.2011 TAX RECEIPTS DATED 22.7.2011 AND 22.4.2011 AND PROCEEDINGS OF THE ASSISTANT CARDAMOM SETTLEMENT OFFICER KUMILY IN FAVOUR OF THE 4TH PETITIONER DATED 1.6.2011. EXHIBIT-P3. TRUE COPY OF THE REPRESENTATION DATED 27.10.2011 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS 1 TO 3. RESPONDENTS' EXHIBITS: R4(A): COPY OF MEMORANDUM OF BIPARTITE SETTLEMENT IN FORM H(H) DTD. 01/12/2007 EXECUTED BETWEEN THE 1ST PETITIONER AND 4TH RESPONDENT. R4(B): COPY OF MEMORANDUM OF BIPARTITE SETTLEMENT IN FORM H (H) DTD. 10/06/2000 EXECUTED BETWEEN THE 1ST PETITIONER AND 4TH RESPONDENT. Kss ..2/- ..2.... WPC.NO.29345/2011 P R4(C): COPY OF REPRESENTATION DTD. 02/11/2011 GIVEN BY THE 1ST PETITIONER TO THE RESPONDENT NO.4. R4(D): COPY OF THE INJUNCTION ORDER 03/10/2011 PASSED BY THE MUNSIFF COURT DEVIKULAM IN I.A.NO.1181/2011 IN O.S.NO.220/2011. R4(D): COPY OF THE INJUNCTION ORDER DTD. 03/10/2011 PASSED BY THE MUNSIFF COURT DEVIKULAM IN I.A.NO.1183/2011 IN O.S.NO.221/2011. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.29345 OF 2011 ................................................................... Dated this the 21st day of November, 2011. JUDGMENT Pius C. Kuriakose, J. The petitioners who claim to be the owners and persons in possession of 12.82 Ares of Cardamom estate in Rajakumari village have filed this writ petition seeking police protection for : 1. their lives and for conducting agricultural operations in their properties. 2. a declaration that they are entitled to appoint temporary workers of their own choice without avoiding the permanent workers who are already doing the work 3. directing respondents 1 to 3 - police officers to take action on the representation submitted by the petitioners as early as on 27.10.2011 (Ext.P3). 2. The 4th respondent trade union has filed a detailed counter affidavit wherein they have contended that members W.P.(C).NO.29345 OF 2011 : 2 : of the 4th respondent are not creating any trouble or problem to the petitioners in the matter of conducting agricultural operations in the Cardamom estate. According to them, the real reason as to why the petitioners are unable to carry out agricultural operations is the pendency of three civil litigations in respect of the property between the petitioners and one Subash and his wife Vijala. Subash is the brother- in-law of the first petitioner. 3. Learned senior Government Pleader - Sri. Aboobacker also submitted that the petitioners are guilty of suppressing material facts with the objection of persuading this Court to issue police protection orders in their favour. The complaint – Ext.P3 submitted by the petitioners was enquired into and it was revealed that the real cause of the petitioners’ inability to carry out agricultural operations in the estate is the pendency of the civil litigations. Subash and Vijala - the first petitioner’s brother-in-law and his wife are necessary parties and without their junction it will not be proper for this Court to grant any orders in favour of the petitioners in respect of the property as the same will cause W.P.(C).NO.29345 OF 2011 : 3 : prejudice to those persons. 4. We have heard the submissions of Sri. Devasia, learned counsel for the petitioners and Sri.Saji Mathew - learned counsel for the 4th respondent and Sri. Aboobacker - learned Senior Government Pleader. We have also heard the submissions of Sanu s. Panicker - learned counsel for petitioners in I.A.No.17916/11 - an impleadment petition filed by Subash and Vijala. We have considered the various materials placed on record by the parties. Ext.R4(d) will show that a civil suit has been instituted by petitioners 3 and 4 against Subash and Vijala and that an order of injunction has been obtained. Similarly Ext.R4(e) will show that petitioners 1 and 2 have also filed separate suits and obtained order of injunction against Subash and Vijala. We are also told that O.S.No.228/11 has been filed by Subash and Vijala against petitioners 1 to 4, but no interim order has been passed so far. We do not think that any case is made out for issuing police protection direction sought for in respect of conduct of agricultural operations in the Cardamom estate in question. The pendency of the civil W.P.(C).NO.29345 OF 2011 : 4 : suit will also show that there subsists civil dispute between Subash and Vijala in respect of the properties. In view of the pendency of the civil suit, it is for the petitioners to approach the civil court which is in seizin of the matter and to seek appropriate reliefs in respect of conduct of agricultural operations. A perusal of the counter affidavit filed by the 4th respondent will show that the allegations levelled in this writ petition against the 4th respondent and its members are not well founded. We do not find warrant for any police protection direction in respect of the petitioners’ lives on account of any threat emerging from the part of the 4th respondent or its members. We decline the relief and dispose of the writ petition. PIUS C. KURIAKOSE, JUDGE. K.HARILAL,JUDGE. cl