IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19145 of 2011(P) -------------------------- PETITIONER(S): --------------- VARGHESE ANTONY,37 YEARS,S/O.ANTONY, MELAPPARAMBIL HOUSE,UDAYA NAGAR,KALOOR,ERNAKULAM. BY ADV. SRI.RAJIV NAMBISAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY CHIEF SECRETARY SECRETARIAT,THIRUVANANTHAPURAM. 2. CIRCLE INSPECTOR OF POLICE,VADAKKEKKARA CIRCLE,VADAKKEKKARA,NORTH PARAVUR. 3. THE SUB INSPECTOR OF POLICE,VADAKKEKKARA POLICE STATION, VADAKKEKKARA NORTH PARAVUR. 4. AMEER,PANCHAYATH MEMBER,WARD NO.17, CHITTATTUKARA PANCHAYATH,VADAKKEKKARA , NORTH PARAVUR. 5. KALESH,S/O.KRISHNAN,NIKATHIL HOUSE, PATTANAM KARA, VADAKKEKKARA NORTH PARAVUR. BY G.P. SRI.T.K.VIPIN DAS (R1 TO R3) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19145/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE TITLE DEED. EXT.P2; COPY OF THE COMPLAINT DATED 1/7/2011 /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 19145 OF 2011 ------------------------ Dated this the 19th day of July, 2011 JUDGMENT Pius C.Kuriakose, J. This writ petition has been filed by the petitioner, who claims to be the co-owner in possession of 4.59 Acres of landed property in Vadakkekkara village, seeking police protection for the conduct of chemmeen kettu in the property. 2. Today, on the basis of instructions received from the respondents 2 and 3 pursuant to an order dated 14/7/2011 issued by this court, the learned Government Pleader Sri.T.K.Vipindas submitted that the arrangement prevailing in the area of the property owned by the petitioner is that during six months of the year prawn fishing or chemmeen kettu will be conducted and during the remaining six months paddy cultivation will be conducted as cooperative group farming by the local farmers. The petitioner is not willing to conduct group farming in paddy. He wants to conduct chemmeen kettu itself during all 12 months of the year. This is why the police is not in a WPC.No.19145/2011 2 position to afford protection to the petitioner for the conduct of chemmeen kettu when the owners of the neighbouring paddy fields have made all arrangements to conduct paddy cultivation as group farming. 3. Resisting the submissions of the Government Pleader, Sri. Rajiv Nambisan, learned counsel for the petitioner submitted that the instructions imparted by the police officers to the Government Pleader are not correct. The petitioner has been conducting prawn cultivation in his paddy field through out the year especially during the past three years. The situation presently obtaining is that the petitioner is prevented by the party respondents from entering into his paddy fields. Ext.P2 complaint was submitted by the petitioner before the Station House Officer, Vadakkekkaar, the 3rd respondent. The 3rd respondent has not taken any action on Ext.P2. 3. We have considered the submissions addressed at the Bar. We have gone through the materials placed on record particularly Ext.P2. We notice that there is a specific allegation in Ext.P2 that respondents 4 and 5, who are affiliated to a political party presently in power, tresspassed into the petitioner's WPC.No.19145/2011 3 property, threatened him and destroyed the thoompu and its shutters resulting in financial loss and also fear of death in his mind. Though we are of the view that the complaint of the petitioner that he is not being permitted by respondents 4 and 5 may have to be got remedied by the petitioner through the process of the civil court, we feel that the allegations in Ext.P2 complaint regarding the criminal trespass, mischief, etc should receive requisite attention from the 3rd respondent. Hence, even as we decline the police protection sought for in the matter of conducting chemmeen kettu even during the off season period, we direct the 3rd respondent to conduct further enquiry into Ext.P2 and take appropriate action against the appropriate persons on the basis of the information revealed in the enquiry. Needful in pursuant to this direction will be done by the 3rd respondent without delay and at any rate within six weeks of receiving a copy of this judgment. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk