IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 WP(C).No. 29165 of 2011(U) -------------------------------------- PETITIONER(S): -------------------- SEBASTIAN,S/O.M.S.SADANAM, ARINALLOOR SOUTH, KOLLAM-690538 BY ADV. SRI.ALEX.M.SCARIA RESPONDENT(S): ------------------------- 1. SUPERINTENDENT OF POLICE, KOLLAM,KERALA. 2. CIRCLE INSPECTOR OF POLICE, CHAVARA,KOLLAM, KERALA 3. SUB INSPECTOR OF POLICE, CHAVARA SOUTH, KOLLAM DIST, KERALA 4. THE SUB INSPECTOR OF POLICE, EAST KALLADA KOLLAM,KERALA - 690504 5. PRASAD,MUTTATHU CHARUVIL, ARINALLOOR KOLLAM-690538 6. SALU NJANAPPAN, THOPPIL BHAGOM ARINALLOOR, PERUGALAM, KOLLAM-690538 7. ANTONY KAKKANADU,KOIVILA, KOLLAM-691590 8. JOHNSON, VALIYAVEETTIL KOIVILA, KOLLAM-691590 9. THOMAS,PALLICHERUVIN KADAVU, ARINALLOOR KOLLAM-690538 R1 TO R4 BY SR.GOVT.PLEADER SRI.M.K.ABOOBACKER R5 TO R9 BY ADV. SRI.P.V.DILEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.29165/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT.P1:- COPY OF THE RECEIPT DTD 19/3/2011. EXT.P2:- COPY OF THE APPLICATION DTD 21/5/2011. EXT.P3:- COPY OF THE REPRESENTATIN BEFORE THE CHIEF MINISTER OF KERALA DTD 30/5/2011. EXT.P4:- COPY OF THE NEWS ITEM REPORTED IN THE DEEPIKA DAILY ON 24/6/2011. EXT.P5:- COPY OF THE NEWS ITEM REPORTED IN THE MALAYALA MANORAMA DAILY ON 19/10/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.29165 OF 2011 ................................................................... Dated this the 10th day of November, 2011. JUDGMENT Pius C. Kuriakose, J. The petitioner, who has place of residence near to the place where the Kallada river joins with the Ashtamudi lake, has filed this writ petition seeking police protection for his life against respondents 5 to 9. It is alleged that respondents 5 to 9 are engaged in illegal activity of collecting sand from the bed of Kallada river and Ashtamudi lake. The petitioner a public spirited person has been trying to resist this illegal sand mining and therefore, the party respondents are frequently threatening and attacking him. It is alleged that the police is lethargic on various petitions which the petitioner preferred. Hence the writ petition is before this Court seeking protection for his life and property. 2. Respondents 5 to 9 have entered appearance through Sri. P.V. Dilip. It was submitted by Sri. P.V. Dilip that those respondents have no intention what so ever to threaten the petitioner or to cause any injury or danger to the body or life of the petitioner. The allegations are W.P.(C).NO.29165 OF 2011 : 2 : incorrect. It was submitted by Sri. Abookacker, learned Senior Government Pleader that the police is doing everything possible for preventing illegal mining of river sand and also for protecting the life of the petitioner from any assault or injury. 3. Having considered the rival submissions addressed at the bar, we are of the view that submissions of Sri.P.V. Dilip can be recorded. We record his submissions. We are inclined to dispose of the writ petition issuing the following directions: Respondents 2 to 4 and police personnel under them will keep constant vigil over the area where the petitioner resides - the point where the Kallada river and Ashtamudi lake joins each other and will take all necessary steps for protecting the life and limbs of the petitioner from any danger from the part of the party respondents and also for preventing illegal sand mining in the area. PIUS C. KURIAKOSE, JUDGE. K.HARILAL,JUDGE. cl