IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 14327 of 2008(E) -------------------------- PETITIONERS: ------------ 1. FIROZ THAMPI RAWTHER, AGED 30 YEARS, S/O.THAMPI RAWTHER, BEENA COTTAGE, THOLIKKODE WARD, PUNALUR, KOLLAM DISTRICT. 2. AJUMA FIROZ, AGED 29 YEARS, W/O.FIROZ THAMPI RAWTHER, BEENA COTTAGE, THOLIKKODE WARD, PUNALUR, KOLLAM DISTRICT. BY ADV. SRI.V.GOPIKRISHNA RESPONDENTS: ------------- 1. THE ASST. SUPERINTENDENT OF POLICE, PUNALUR. 2. THE CIRCLE INSPECTOR OF POLICE, PUNALUR POLICE STATION, PUNALUR. 3. THE SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION, PUNALUR. 4. REJI RAJ, AGED 30 YEARS, "GEETHANJALI", BHARANIKAVU MURI, PUNALUR VILLAGE, KOLLAM DISTRICT. BY SR.GP MR.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 14327/08 APPENDIX EXT.P1 TRUE COPY OF THE SALE DEED OF THE PETITIONERS EXT.P2 TRUE COPY OF THE SALE DEED OF THE PETITIONERS EXT.P3 TRUE COPY OF THE TAX RECEIPT EXT.P4 TRUE COPY OF NO OBJECTION GIVEN BY THE ADJACENT LAND OWNERS EXT.P5 TRUE COPY OF THE ORDER DT.17.10.2007 OF RDO, KOLLAM EXT.P6 TRUE COPY OF THE ORDER DT.9.4.2008 FILED BY THE PETITIONERS BEFORE R2 EXT.P7 TRUE COPY OF THE COMPLAINT DT.9.4.2008 FILED BY THE PETITIONERS BEFORE R3 EXT.P8 TRUE COPY OF THE COMPLAINT DT.12.4.2008 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT TRUE COPY PA TO JUDGE K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------------------------------------------------- Writ Petition (C) No.14327 of 2008-E -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The petitioners, who are husband and wife, are the owners of 53 cents of paddy field in Punalur village. They have obtained Ext.P5 order from the RDO to fill the land so that they can undertake other cultivation there. When they tried to fill the land using red earth on 09.04.2008, the 4th respondent and some other persons came and obstructed the filling of the paddy field. So, they filed Exts.P6 to P8 representations before the police, claiming protection and thereafter, this Writ Petition is filed, seeking the following relief : “issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondents 1 to 3 to afford adequate protection to the petitioners and their workers to fill their land having an extent of 53 cents of land in Punalur village, bearing Sy Nos.407/4/8/2, 407/4/8/3 and 407/4/b1 for cultivation purpose.” 2. The learned Government Pleader upon instruction submitted that at present, there is no obstruction to the filling of the land. The learned counsel for the petitioners submits that in view of Ext.P5 order, they are entitled to fill WPC 14327/08 2 the land. 3. The permission granted by the RDO will relieve them from being prosecuted for the violation of the Kerala Land Utilisation Order or other coercive action under the said order. If the people of the locality are affected by the land filling and they object, the remedy of the petitioners is to move the competent civil court for appropriate reliefs. The civil court can consider the claims of the local people also. The police cannot be conceded power or authority to overrule the objections of the local people against the land filling and grant protection for the same. Only the civil court can do that. If the civil court's order is violated, it can address the police also to extend necessary protection to enforce its orders. In view of the above position, the Writ Petition is dismissed without prejudice to the contentions of the petitioners and their right to move the competent civil court for appropriate reliefs. K.BALAKRISHNAN NAIR,JUDGE 03.06.2008 M.C.HARI RANI, JUDGE sta WPC 14327/08 3 WPC 14327/08 4