IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 36729 of 2010(M) --------------------------------------- PETITIONER(S): ------------------------ VINOD K.H., KANJIRAPARAMBIL HOUSE, POOYAPPILLI, CHITTATTUKARA, NORTH PARUR, ERNAKULAM DISTRICT. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, (RURAL), ERNAKULAM. 3. SUB INSPECTOR OF POLICE, VADAKKEKARA POLICE STATION, ERNAKULAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.36729 of 2010 ---------------------------------------- Dated this the 14th day of December 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: a) writ of mandamus or any appropriate writ order or direction, directing the 2nd and 3rd respondents to afford adequate protection to the petitioner and his workers to carry on his aquaculture and agricultural activities without interference from any third parties. b) Writ of mandamus directing the Respondents to afford sufficient protection to the life of the Petitioner and his workers to carry on their profession, as and when requested. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is a resident of Chittattukara panchayat. The petitioner has purchased about 5 acres of land for conducting aquaculture and agricultural activities. He had constructed bunds and spent huge amount. He had purchased fish seeds from various hatcheries with the help of Government. W.P.C.No.36729 of 2010 2 It takes about more than 12 months for full growth of the fish and for harvest. While so, recently some persons who can be identified by sight entered into the aqua farm and taken away large number of fish from there. They openly declared that the petitioner will not be allowed to enjoy the profit from his aquaculture. The petitioner filed Ext.P1 complaint. 4. The learned Government Pleader, on instructions, submits that the matter was enquired into and it was found that the allegations are false. It is submitted by the learned Government Pleader that the petitioner has started operations only recently and now it is only at the level of seeds. 5. In such circumstances, we will leave it open to the petitioner to work out his remedies elsewhere. Without prejudice to the right of the petitioner to seek appropriate remedies at later stage, we close the writ petition. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.36729 of 2010 3 W.P.C.No.36729 of 2010 4 W.P.C.No.36729 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010