IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 19111 of 2011(L) -------------------------------------- PETITIONER(S): ----------------------- SONY VARGHESE, AGED 30 YEARS, S/O.VARGHESE, ELANJIPPILLY HOUSE, KEZHADOOR DESOM, ALATHUR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.A.F.SEBASTIAN RESPONDENT(S): ------------------------ 1. THE DIST SUPDT. OF POLICE, THRISSUR – 680 003. 2. THE CIRCLE INSPECTOR OF POLICE, MALA POLICE STATION, THRISSUR DISTRICT-680 732. 3. S.I. OF POLICE, MALA POLICE STATION, MALA P.O., THRISSUR DISTRICT-680 732. 4. MR.VINOD, MEMBER, ANNAMANADA GRAMA PANCHAYATH, P.O. ANNAMANADA, THRISSUR DISTRICT-680 741. 5. E.R. JOSEPH, ELANJIPPILLY HOUSE, MELADOOR P.O., THRISSUR DISTRICT-680 001. 6. SURENDRAN, 48 YEARS, S/O.MADHAVAN NAIR, KONNATT HOUSE, ALATHUR, MALA, THRISSUR DISTRICT-680 732. 7. SARALA DEVI, KONNATT HOUSE, ALATHUR, MALA, THRISSUR DISTRICT-680 732. 8. CICILY MATHEW, PARACKAL HOUSE, KEEZHADOOR DESOM, ALATHUR, MALA, THRISSUR DISTRICT-680 732. R1 TO R3 BY GOVT. PLEADER SMT.C.M. CHARISMA. R4 & R5 BY ADV. SRI.FRANCO T.J. R6 TO R8 BY ADV. SRI.P.S.SREEDHARAN PILLAI, SMT.C.G.PREETHA, SRI.ARJUN SREEDHAR, SRI.T.K.SANDEEP, SRI.JOSEPH GEORGE(MULLAKKARIYIL). THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19111 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE DATED 12/05/2011 ISSUED BY THE 4TH RESPONDENT. EXT.P2: COPY OF THE ORDER DATED 27/05/2011 IN WP(C) NO. 13956/2011. EXT.P3: COPY OF THE ORDER DATED 31/05/2011 IN WP(C) NO. 13956/2011. EXT.P4: COPY OF THE ORDER DATED 08/07/2011 IN WP(C) NO. 13956/2011. EXT.P5: COPY OF THE PHOTOGRAPH OF THE BOARD PROHIBITING THE PASSAGE OF VEHICLES WIEGHING MORE THAN 5 TONES. EXT.P6: COPY OF THE ORDER DATED 05/07/2011 IN WP(C) NO. 18175/2011. EXT.P7: COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P8: COPY OF THE RECEIPT ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R6(a): COPY OF THE REPRESENTATION DATED 09/02/2011 ALONG WITH A COPY OF THE REPORT DATED 17/09/2010 OF THE WATER ANALYST, REGIONAL ANALYTICAL LABORATORY, GROUND WATER DEPARTMENT, KAKKANAD. EXT.R6(b): COPY OF THE NOTICE DATED 14/03/2011 ISSUED BY THE HEALTH INSPECTOR, PUBLIC HEALTH CENTRE, MAMBRA. EXT.R6(c): COPY OF THE REPORT DATED 31/03/2011 OF THE HEALTH INSPECTOR, PUBLIC HEALTH CENTRE, MAMBRA. EXT.R6(d) SERIES: COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBOOMI DAILY DATED 12/07/2011 AND 16/07/2011. EXT.R6(e) SERIES: COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 15/07/2011 AND 14/07/2011. EXT.R6(f): COPY OF THE NEWS ITEM PUBLISHED IN THE MATHRUBOOMI DAILY DATED 13/07/2011. EXT.R6(g): COPY OF THE REPRESENTATION SUBMITTED BEFORE THE PANCHAYATH DATED 30/06/2011. EXT.R6(h): COPY OF THE DECISION TAKEN BY THE PANCHAYATH IN THE MEETING HELD ON 30/06/2011. EXT.R5(a): COPY OF THE REPORT DATED 17/09/2010. EXT.R5(b): COPY OF THE FORWARDING LETTER WITH REPORTS BY MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MAMBRA DATED 01/04/2011. (P.T.O.) WP(C).No. 19111 of 2011(L) EXT.R5(c): COPY OF THE PLAINT IN O.S. NO.303/2011 ON THE FILES OF MUNSIFF'S COURT, CHALAKKUDY. EXT.R5(d): COPY OF THE PROCEEDINGS DATED 16/07/2011 WITH PHOTOGRAPHS. EXT.R5(e): COPY OF THE COUNTER AFFIDAVIT IN WP(C) NO. 27594/2009. //TRUE COPY// P.A. TO JUDGE rs PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.19111 of 2011 ------------------------------- Dated this the 19th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. In this writ petition filed under Article 226, the petitioner who is conducting a dairy farm approached this Court with the following reliefs :- “1) Issue writ of mandamus or any other appropriate writs, directing the respondent Nos.1 to 3 to give adequate police protection to the life and property of the petitioner and his family members (including the smooth functioning of the dairy farm and the passage of cattle feed/vehicles) against the threat caused by the respondent Nos.4 to 8 and their supporters. 2) Grant such other reliefs which this Hon'ble Court deems fit in the facts and circumstances of the case.” 2. Considering the writ petition for admission, this Court passed the following interim order dated 14.7.2011. “Sri.Sebastian learned counsel for the petitioner submits that W.P.(C)Nos.13956 of 2011, 18175 of 2011 and 27594 of 2009 are pending before this Court and in these writ petitions there are interim orders in favour of the petitioners. Post this writ petition along with those writ petitions. Sri.Sebastian presses for interim orders. 2 W.P.(C) No.19111 of 2011 Hence, issue notice on admission by special messenger to R3 to R8. The Govt. Pleader takes notice for R1 and R2. Having regard to the urgency of the situation projected before us by the counsel for the petitioner, we direct the first respondent to conduct immediate enquiry into the statement made in Ext.P7 and if the enquiry reveals that there is subsisting threat on the life of the petitioner, he will ensure that adequate protection is given to the life of the petitioner.” 3. Learned counsel for the petitioner Smt.Sadhanakumari submitted that it is by virtue of that interim order that the petitioner's life is safe from the threats and acts of violence apprehended from the party respondents. The learned counsel for the party respondents answering a query put by us, submitted that, they have no intention to cause any threat to the life of the petitioner. We record the submissions of the counsel for the party respondents. We are not in a position to issue protection orders sought in respect of functioning of the dairy farm in view of the submissions of Sri.M.K.Chandramohandas, learned standing counsel for the Pollution Control Board that some more steps have to be taken by the petitioner for 3 W.P.(C) No.19111 of 2011 abating the pollution and also in view of the submission made at the Bar by some of the counsel appearing for the respondents, that the Revenue Divisional Officer has issued a conditional order under Section 133 of Cr.P.C. against the running of the dairy farm. At the same time, we are convinced that this is a case where the petitioner should be allowed to live freed of any fear aroused by any of the party respondents. We confirm the interim order, we have passed on 14.7.2011 and direct respondents 2 and 3 to afford necessary protection to the lives and limbs of the petitioner and his family members, in case he receives any complaint in future from the petitioner of any apprehended threat or danger from the party respondents or from any person acting under them. He will also render requisite protection to the petitioner and members of his family and those who are working in the farm to have ingress and egress to the farm premises and for the purpose of carrying the cattle feed necessary for the survival of the cattle presently 4 W.P.(C) No.19111 of 2011 available in the farm. It is open to the petitioner to move this Court afresh once the conditional order under Section 138 of Cr.P.C. is lifted by the Sub Divisional Magistrate and the Pollution Control Board gives clearance in respect of the farm. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/