IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 24640 of 2011(D) -------------------------------- PETITIONER(S): ----------------- K.RAMDAS, S/O.AYYAPPAN APSARA VILLA, AMBIKA NAGAR AKATHETHARA AMSOM,PALAKKAD DISTRICT. BY ADV. SRI.N.K.KARNIS RESPONDENT(S): ------------------- 1. CIRCLE INSPECTOR OF POLICE OTTAPALAM POLICE STATION, OTTAPALAM, PALAKKAD DISTRICT 679 101. 2. SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION,OTTAPALAM, PALAKKAD DISTRICT 679 101. 3. BALARAJAN, PATHOMKULATHE VEEDU PATHANKOLIL, THOTTAKKARA,OTTAPALAM PALAKKAD PIN 679 101. 4. PRABHAKARAN, SECRETARY, THOTTIKKARA PADASEKHARA SAMITHY, OTTAPALAM, PALAKKAD 679 101. ADV. SRI.SANTHEEP ANKARATH FOR R3-4 SRI.SUMODH MADHAVAN NAIR FOR R3-4 GOVT. PLEADER SRI.DHANESH MATHEW MANJOORIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24640 of 2011(D) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE SALE DEED. EXT.P2:- TRUE COPY OF THE SALE DEED. EXT.P3:- TRUE COPY OF THE SALE DEED. EXT.P4:- TRUE COPY OF THE JUDGMENT OF THIS HON. COURT IN WPC NO.18019/11. EXT.P5:- TRUE COPY OF THE REPRESENTATION OF THE PETITIONER. EXT.P6:- TRUE COPY OF THE RECEIPT OF EXT.P5 EXT.P7:- TRUE COPY OF THE PHOTOGRAPHS. RESPONDENTS EXTS EXT.R3(a):- TRUE COPY OF ORDER DATED 04/06/10 OF THE AGRICULTURAL OFFICER, OTTAPALAM. EXT.R3(b):- TRUE COPY OF SIGNATURE RECORD OF THE PERSONS WHO PARTICIPATED IN THE PADASEKHARA SAMITHI MEETING DATED 21/08/08. EXT.R3(c):- TRUE COPY OF SIGNATURE RECORD OF THE PERSONS WHO PARTICIPATED IN THE PADASEKHARA SAMITHI MEETING DATED 11/02/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.24640 of 2011 ------------------------------------------------ Dated this the 19th day of October, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner who claims to be the owner of 3 acres of paddy field in Sy. Nos.45/4, 45/3, 45/1B, 45/1A, 61/12, 61/9, 45/6 and 45/8 of Ottappalam village has approached this Court complaining that respondent Nos.3 and 4 are obstructing cultivation of paddy by the petitioner in his paddy field. The party respondents have entered appearance and filed a detailed counter affidavit. What they have contended is that the intention of the petitioner in moving this Court for Police Protection for cultivating paddy is not to cultivate paddy but to fill up the paddy field and to sell the same in plots to purchasers. The respondents 3 and 4 and the Padasekhara Samithy of which they are office bearers do not intend to obstruct cultivation of paddy by the petitioner at all. What they are objecting to is selling away of W. P. C. No.24640 of 2011 -2- paddy fields as plots. 2. The learned Government Pleader Sri.Dhanesh Mathew Manjoorian on the basis of the instructions submitted that the facts appeared to be almost as stated by the party respondents in their counter affidavit. Under the above circumstances, we dispose of the Writ Petition recording the assurance given by the party respondents through their counter affidavit that the party respondents or the Padasekhara Samithy will not raise any kind of obstruction if the petitioner wants to have cultivation of paddy in the paddy fields belonging to him. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.24640 of 2011 -3-