IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 6125 of 2011(M) -------------------------------------- PETITIONER(S): ------------------------ THE PROVIDENT INVESTMENT COMPANY LTD., (A GOVERNMENT OF MADHYA PRADESH UNDERTAKING) REPRESENTED BY ITS GENERAL MANAGER, KRISHNA DAS MENON, EDWARD VILLA 11A CAPT. PRAKASH PETHE MARG, CUFFE PARADE, COLABA, MUMBAI -5. BY ADV. SRI.M.AJAY,SC, PROVIDENT INVESTMENT CO.L RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, (REPRESENTED BY ITS ADDL. CHIEF SECRETRY), HOME DEPARTMENT, THE SECRETARIAT, THIRUVANANTHAPURAM.695 001 2. THE ADDL. CHIEF SECRETARY AND PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT THE SECRETARIAT, THIRUVANANTHAPURAM.695 001 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVNANTHAPURAM.695 001 4. THE ADDL.DIRECTOR GENERAL OF POLICE, (NORTH ZONE), KOZHIKODE.-01 5. THE SUPERINTENDENT OF POLICE WAYANAD DISTRICT S.P.OFFICE, KALPATTA, WYANAD.673 592 6. THE DEPUTY SUPERINTENDENT OF POLICE, MANANTHAVADY, WAYANAD DISTRICT.673 592 7. THE CIRCLE INSPECTOR OF POLCIE SULTHAN BATHERY, WAYAND DISTRICT.673 592 sts WP(C)NO.6125/2011 8. THE STATION HOUSE OFFICER, SULTHAN BATHERY, WAYANAD DISTRICT.673 592 9. THE DISTRICT COLLECTOR, WAYANAD, CIVIL STATION, KALPETTA, WAYANAD DISTRICT.673 592 10. THE REVENUE DIVISIONAL OFFICER, MANANTHAVADY DIVISION, MANANTHAVADY, WAYANAD DISTRICT.673 592 11. THE AADIVASI FORUM (REPRESENTED BY ITS PRESIDENT SRI.V.V.BOLLEN), S/O. VALUKKAN, CYAMBUM 73 COLONY P.O. AMERAKUNI, IRULAM, WAYANAD DISTRICT.673 592 12. SRI.V.V.BOLLEN, S/O.VALUKKAN, CYAMBUM 73 COLONY P.O. AMERAKUNI, IRULAM, WAYANAD DISTRICT.673 592 R1 TO R10 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.6125/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DEED OF INDENTURE REGISTERED WITH THE SUB REGISTRY OF BOMBAY DATED 8/8/1938. P2 COPY OF THE LETTER NO.35-36/IV B-III PIC-79 DATED 3/8/79 FROM THE FINANCE SECRETARY TO GOVERNMENT OF MADHYA PRADESH TO THE SECRETARY,REVENUE DEPARTMENT, GOVERNMENT OF KERALA. P3 COPY OF THE LETTER NO.5850/N2/80/RD TO THE SECRETARY TO THE GOVERNMENT,FINANCE DEPARTMENT,GOVERNMENT OF MADHYA PRADESH DATED 7/4/80. P4 COPY OF THE NOTIFICATION 5850/N2/80/RD DATED 2/4/1980. P5 COPY OF THE NOTICE ISSUED BY THE DFO, SOUTH WAYANAD DATED 24/2/01. P6 COPY OF THE INTERIM ORDER IN CMP 16391/01 IN OP 10191/01 DATED 23/03/01. P7 COPY OF THE ORDER IN CMP 16391/01 IN OP 10191/01 DATED 21/6/01. P8 COPY OF THE LETTER FROM THE SECOND RESPONDENT TO THE PRL.SECRETARY,FINANCE DEPARTMENT, GOVERNMENT OFMP DATED 1/3/10. P9 COPY OF THE LETTER FROM THE SECOND RESPONDENT TO THE PRL.SECRETARY,FINANCE DEPARTMENT, GOVERNMENT OF MADHYA PRADESH DATED 5/6/10. P10 COPY OF THE REPORT IN THE MADHYAMAM DAILY DATED 13/2/11. P11 COPY OF THE REPRESENTATION ADDRESSED TO THE 7TH RESPONDENT 14/2/11 WITH COPIES SERVED ON THE 5TH AND 9TH RESPONDENTS. P12 COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE CHIEF SECRETARY OF THE STATE WITH COPIES ADDRESSED TO RESPONDENTS 2,3,4 AND THE OFFICER IN-CHARGE OF THE FIFTH RESPONDENT DATED 15/2/11 P13 COPY OF THE RECEIPT ISSUED BY THE BSNL FOR ISSUING TELEGRAMS DATED 16/2/11. P14 COPY OF THE LETTER OF THE PRL.SECRETARY, FINANCE DEPARTMENT,GOVERNMENT OFMP ADDRESSED TO THE SECOND RESPONDENT DATED 21/2/11. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.6125 of 2011 ------------------------------------------- Dated this the 11th March, 2011 JUDGMENT Basant, J. The petitioner has come to this Court with this petition claiming issue of directions to respondents 1 to 10 to afford requisite protection to them against any illegal, violent and culpable attempt of respondents 11 and 12 to trespass into the property in the possession of the petitioner. 2. According to the petitioner, the petitioner company is in possession of Beenachi Estate. The said estate is now held by the State Governments of Madhya Pradesh and Chattisgarh, it is submitted. The short grievance of the petitioner is that the 12th respondent who represents the 11th respondent and the members of the 11th respondent Adivasi Forum are making preparation to trespass into the land in the possession of the petitioner. There have been threats of such impending attempt on the part of respondents 11 and 12 and men led by the 12th respondent to trespass into the land of the petitioner. They have no rights to trespass into the lands in the WPC No.6125 of 2011 2 possession of the petitioner. In these circumstances, the petitioner came to Court with this petition for issue of directions under Article 226. 3. Respondents 11 and 12 though served did not choose to enter appearance on 3.3.2011. Though they did not enter appearance, the case was posted to this date to afford opportunity to them to appear and raise their objections, if any. Today also when the matter came up, there is no appearance for respondents 11 and 12. An interim order was passed on 25.2.2011 directing respondents 1 to 10 to afford protection to the property of the petitioner till 3.3.2011. That order has been extended and remains in force even now. 4. Today when the matter came up for hearing in the absence of contest from respondents 11 and 12, we turned to the learned Government Pleader for submissions on behalf of respondents 1 to 10. The learned Government Pleader submits that protection has been afforded as per the interim order dated 25.2.2011. Respondents 1 to 10 are willing to afford such protection hereafter also, submits the learned Government Pleader. The learned Government Pleader, however, prays that it may be made WPC No.6125 of 2011 3 clear that the compliance with the directions to grant protection will not in any way fetter the rights of the State and its officials to take appropriate action against the petitioner in accordance with other laws. We are satisfied that the same can be clarified. 5. In the result, a) This writ petition is allowed. b) Respondents 1 to 10 are directed to afford adequate, effective and sufficient protection to the petitioner against any illegal attempt on the part of respondents 11 and 12 and the members of respondent No.11 to trespass into the land belonging to the petitioner. It is however made clear that this direction shall not prejudice the rights of the first respondent and officials to take any appropriate action against the petitioner in accordance with the relevant provisions of law. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/ WPC No.6125 of 2011 4 WPC No.6125 of 2011 5 R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.6125 of 2011 ------------------------------------------- Dated this the 25th February, 2011 ORDER Basant, J. Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 to 10. Issue notice to respondents 11 and 12. The learned counsel for the petitioner prays and is accordingly permitted to take out notice to respondents 11 and 12 by special messenger. 2. Call on 3.3.2011. There shall be an interim order to respondents 1 to 10 to afford protection to the property of the petitioner till 3.3.2011. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/