IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 9789 of 2011(W) -------------------------------------- PETITIONER(S): ----------------------- J.R. AJITH, S/O.T.K. RAJU, AGED 38 YEARS, DUSSAMPARAMBIL, CHANDIROOR P.O., ALAPPUZHA. BY ADV. SRI.G.P.SHINOD, SRI.RAM MOHAN G. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA, OFFICE OF THE SUPERINTENDENT OF POLICE, ALAPPUZHA, PIN-688 001. 3. THE SUB INSPECTOR OF POLICE, AROOR POLICE STATION, ALAPPUZHA, PIN-688 534. 4. DIVAKARAN, SILPA NILAYAM, CHANDIROOR, ALAPPUZHA, PIN-688 547. 5. SHAJI, PUITHARA, CHANDIROOR, ALAPPUZHA, PIN-688 547. 6. VIJAYAN, KOCHUTHARA, CHANDIROOR, ALAPPUZHA, PIN-688 547. 7. KUMBANJI KARSHAKA SANGHAM, REG.NO.75, AROOR P.O., REPRESENTED BY ITS SECRETARY K.K.BHASKARA PILLAI, RESIDING AT HARITHA BHAVAN, AROOR, ALAPPUZHA, PIN-688 534. R1 TO R3 BY GOVT. PLEADER MR.JAIBY PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9789 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT DATED 28/10/2010 ENTERED INTO BETWEEN THE PETITIONER AND THE SEVENTH RESPONDENT. EXT.P2: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 9789 OF 2011W ----------------------------------------------------------- Dated this the 5th April, 2011. JUDGMENT Basant, J. Petitioner has come to this Court for issue of directions to respondents 1 to 3 under Art.226 of the Constitution against illegal, culpable and violent acts on the part of respondents 4 to 6. 2. According to the petitioner he has obtained a lease from the seventh respondent and is conducting shrimp farming operations in the said land. Respondents 4 to 6 according to the petitioner are causing illegal obstruction to the harvesting of shrimp. According to the petitioner respondents 4 to 6 have no right whatsoever to raise any objection/obstruction. They are indulging in per se illegal and violent conduct. 3. This petition was admitted. Notice was ordered to the respondents. Respondents 4 to 7 have not chosen to enter appearance. The learned Govt. Pleader appears for respondents 1 to 3. WPC 9789/2011 2 4. The learned Govt. Pleader submits that the shrimp harvesting of the petitioner is going on without any obstruction now. The learned counsel for the petitioner accepts that assertion. If there be any unjustified obstruction from any quarters the police shall afford necessary protection to the petitioner submits the learned Govt. Pleader. According to the petitioner even though there is no actual obstruction now after the filing of the petition, the petitioner apprehends that there may be such future obstructions. 5. In the light of the submissions of the learned Govt. Pleader that in the event of obstruction necessary police protection shall be afforded to the petitioner, against respondents 3 to 5, we are satisfied that no further specific directions are necessary in the matter. 6. Accepting the submissions of the learned Govt. Pleader this petition is dismissed. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 9789/2011 3 Service is complete. There is no representation for any of the party respondents. The learned Govt. Pleader prays for time to take instructions from respondents 1 to 3. Call on 5-4-2011. R.BASANT WPC 9789/2011 4 Judge K. SURENDRA MOHAN Judge jj WPC 9789/2011 5