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. 35209 of 2010(A) ----------------------------------------- PETITIONER(S): ---------------------- DEENA KURIEN, AGED 45 YEARS, W/O.N.V.KURIEN, RESIDING AT NADUVILA MULLOTH HOUSE, ASOKA ROAD, KALOOR, KOCHI-17. BY ADVS. SRI.P.K.JOSE, SMT.TESSY JOSE. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, THIRUVANANTHAPURAM P.O., THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTNEDENT OF POLICE (RURAL) ALUVA-683 101. 3. SUB INSPECTOR OF POLICE, BINANIPURAM POLICE STATION, BINANIPURAM P.O., ALUVA, PIN-683 101. 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: Kss K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.35209 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) to issue a writ of mandamus or other appropriate writ commanding the respondents to give police help to the petitioner to cultivate 71 cents of land in SY No.137/3-1 in Kadungalloor Village of Paravoor Thaluk of Ernakulam District by taking tractor to the land and fencing the land. b) to issue a direction to the 2nd and 3rd respondents to proceed under the Criminal Procedure Code in the matter of Exhibit P1 complaint. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner purchased 71 cents of land in Kadungalloor Village of Paravoor Thaluk of Ernakulam District and is planting plantain and other vegetables. In order to cultivate the land, the petitioner employed persons to take W.P.C.No.35209 of 2010 2 tractor to the land. For the purpose of taking tractor, it is necessary to have a slope to drive the tractor to the land and the petitioner employed people to make a slope with granite and concrete. On 03/09/2010, the laborers went to the land in question in order to put up fencing around the land to protect the crops from being destroyed by the cattle. It is, at that time, a gang of persons came on their own motor cycle and prevented the laborers from proceeding with their work. They threatened the laborers with physical violence. It is alleged that their motivation is to collect some money from the owner of the land without any reason. The petitioner filed Ext.P1 complaint for which Ext.P2 receipt was given. There is inaction and the petitioner has come before this Court. 4. The learned Government Pleader, on instructions, submits that actually the land is in a padasekharam and people in the area are having objections in fencing the land. We notice that the petitioner has not made the persons, who have allegedly threatened his workers, parties to this writ petition. Having regard to the nature of the case, we will not see any reason to consider the case. The learned Government Pleader would W.P.C.No.35209 of 2010 3 submit that, in fact, enquiry was made on the petitioner's complaint and it was found that obstructions was made by the members of the Panchayath and the Padasekharam Committee and that the petitioner is to obtain due permission from the revenue authorities/agricultural authorities for the same. 5. In such circumstances, the writ petition is dismissed without prejudice to the right of the petitioner to seek appropriate remedies before the appropriate court/forum. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.35209 of 2010 4 W.P.C.No.35209 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010