IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32284 of 2011(I) -------------------------- PETITIONER(S): --------------- K.K.KURUVILLA, AGED 77YEARS, S/O.KURUVILLA, KOMBANKERRIL HOUSE, NIRANAM KIZHAKKUMBHAGOM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT-689 629. BY ADV. SRI.K.J.JOSEPH (ERNAKULAM) SRI.PRASAD CHANDRAN SRI.BIJO THOMAS GEORGE RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PULIKEEZH POLICE STATION, VALANJAVATTOM P.O., PATHANAMTHITTA DISTRICT-689 104. 2. THE CIRCLE INSPECTOR OF POLICE, THIRUVALLA,PATHANAMTHITTA DISTRICT-689 104. 3. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689 645. 4. K.P.PUNNOOSE, KADAPPINARIL HOUSE, NIRANAM CENTRAL P.O., THIRUVALLA, PATHANAMTHITTA-689 629. 5. ALEYAMMA JOHN, CHALANADIYIL HOUSE, NIRANAM KIZHAKKUM BHAGOM P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN-689 629. 6. STATE OF KERALA REPRESENTED BY THE SECRETARY (HOME), GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM, PIN-695 001. BY GOVT. PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE COMPLAINT DTD.26.11.2011 OF THE PETITIONER. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ab PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.32284 of 2011 -------------------------------------------------- Dated this the 7th day of December, 2011 J U D G M E N T Pius C. Kuriakose, J The petitioner an agriculturist belonging to Niranam Village near Thiruvalla has filed this writ petition seeking police protection direction against respondents 4 and 5 and persons acting under them for the life of the petitioner, his family members and its workers for effecting paddy cultivation in 63.02 Ares of land and further extents detailed in the writ petition. According to the petitioner, eventhough Ext.P1 petition was submitted to the 1st respondent, the Sub Inspector of Police he has not so far taken any action. 2. Mr.M.K.Aboobacker, the learned Government Pleader on the basis of instructions from the police officers submitted that the protection sought in respect of cultivation of paddy cannot be granted in this case especially as a competent civil civil court is already in seizin of the matter. As regards protection for life, it was submitted that appropriate action will be taken. W.P(C) No.32284 of 2011 2 3. We have heard the submissions of the learned counsel for the petitioner and also we have gone through the averments in the writ petition and considered the allegation in Ext.P1. We are in agreement with the learned Senior Government Pleader who submitted that this is not a case where police protection can be granted to the petitioner for cultivating paddy in the paddy fields made mention of in this writ petition. Admittedly O.S.No.504/2011 is pending before the Munsiff's Court, Thiruvalla. It is open to the petitioner to seek appropriate amendment of the plaint and to seek the relief for protection for cultivating paddy from the learned Munsiff Court. Coming to the protection for life of the petitioner his workers, his family members etc. we are of the view that the 1st respondent ought to look into Ext.P1. Hence we dispose of this writ petition issuing the following directions: i) The 1st respondent, the Sub Inspector of police is directed to take up Ext.P1 immediately. ii) The 1st respondent will conduct an enquiry into Ext.P1. iii) If the enquiry reveals that there is subsisting threat to the life of the petitioner or lives of the members of his family or those of petitioner's workers from the part of respondents 4 and 5 or anybody under them, the 1st respondent shall take such action as is necessary for W.P(C) No.32284 of 2011 3 protecting the life and limbs of the petitioner, his family members and his workers. But we clarify that these directions are not intended to permit the petitioner to cultivate paddy in the paddy fields which are the subject matter of this writ petition. iv) The relief of protection for cultivating paddy or raising any other cultivation in the properties mentioned in the writ petition shall be sought for and obtained from the Munsiff's Court, Thiruvalla or any other competent court. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab