IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 13769 of 2010(U) ------------------------------- ------- PETITIONER(S): --------------------- DR.YOOSUF KOTTARATHIL, S/O MADARI, AGED 50 YEARS, KOTTARATHIL HOUSE, KONDURKKARA, ONGALLUR, PATTAMBI, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD. 2. THE CIRCLE INSPECTOR OF POLICE, PATTAMBI, PALAKKAD DISTRICT. 3. THE SUB INSPECTOR OF POLICE, SHORNUR POLICE STATION, PALAKKAD DISTRICT. 4. MANI, S/O MUHAMMED, KALLIANGAL HOUSE, KORAMBANMUKKU, KARAKKAD, PATTAMBI, PALAKKAD DISTRICT. 5. SIDDIQUE, S/O MUHAMMED, KALLINGAL HOUSE, KORAMBANMUKKU, KARAKKAD, PATTAMBI, PALAKKAD DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI.T.K.VIPINDAS R4 & R5 BY ADV. SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13769/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NEWS PAPER REPORT APPEARD IN THE MATHRUBHUMI DAILY DT.D 21.12.2009. P2:- COPY OF THE NEWS PAPER REPORT APPEARD IN THE MALAYALA MANORAMA DAILY DT.D 15.12.2009. P3:- COPY OF THE NEWS PAPER REPROT APPEARD IN THE MADHYAMAM DAILY DTD. 17.12.2009. P4:- COPY OF THE NEWS PAPER REPORT APPEARD IN THE DESHABHIMANI DAILY DTD. 14.12.2009. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE RESIDENTS OF THE SC/ST COLONY BEFORE THE MINISTER REGARDING THE ANTI-SOCIAL ACTIVITIES. P6:- COPY OF THE COMPLAINT FILED BY THE RESIDENTS OF THE AREA BEFORE THE DISTRICT COLLECTOR, PALAKKAD DTD. NIL. P7:- COPY OF THE NOTICE REGARDING THE MASS MEETING CONDUCTED ON 28.2.2010 IN THE LEADERSHIP OF THE PETITINER . P8:- COPY OF THE MEDIA REPORT APPEARDD IN THE MALAYAMANORAMA DAILY DTD. 1.3.2010. P9:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DTD. 5.3.2010. P10:- COPY OF THE ACKNOWLEDGMENT RECIPT ISSUED BY THE IST RESPONDENT DT. 6.3.2010. P11:- COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE S.I. OF POLICE, PATTAMBIDTD. 12.3.2010. P12:- COPY OF THE F.I.R. IN CRIME NO.275/2010 OF THE SHORNUR POLICE STATION DTD. 18.4.2010. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE REPRESENTATION SUBMITTED BY THE PEOPOLE OF THE LOCALITY INCLUDING THESE RESPONDENTS BEFORE THE DISTRICT COLLECTOR DTD. 22.3.2010. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.13769 OF 2010 ------------------------------------------- Dated this the 14th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. 1.This writ petition is on board from 23.4.2010. A counter affidavit was filed in May, 2010. There is no reply affidavit till now. 2.The petitioner seeks an order of police protection to his life on the premise that he is being threatened by the private respondents on account of the stand taken by him objecting to the burning of rubber and other materials in the area in question as part of extracting metals, including copper from used wires etc. We find that there is no interim order issued in this case providing police protection to the life of the petitioner from respondents 4 and 5. At the same time, we also find that respondents 4 and 5 had placed a counter WPC.13769/10 2 affidavit way back in May, 2010 raising very many allegations against the conduct of the petitioner and denying the imputations made on them. The police is on record stating that the petitioner had made a complaint about the so called nuisance by burning rubber and other materials. It is stated that a complaint made by the petitioner about an attack on him was ultimately enquired and referred. 3.In the aforesaid scenario, if the petitioner has any real grievance against any activity that pollutes the environment, it is for him to move the statutory authorities under the Environmental Laws and the police authorities under the Code of Criminal Procedure. It will also be open for the petitioner to bring it to the notice of the Grama Panchayat authorities, if there is any violation of the panchayat rules. In the aforesaid circumstances, we are clear that this writ petition need not be held here any more and the same is ordered leaving the petitioner with liberty to move the WPC.13769/10 3 appropriate statutory authority with any specific complaint of violation of the Environmental Laws, Municipality Laws etc. In so far as police protection is concerned, police authorities will take care of any complaint that the petitioner would make on any specific incident of threat rather than provide the petitioner with such protection as would show the existence of might with him. It is also clarified that the private respondents will also be at liberty to place a copy of Ext.R4(a) before the District Collector for consideration. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.15/09.