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 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 20662 of 2008(I) -------------------------- PETITIONER: ------------ PANCHAMI RAVEENDRAN, KALLAR ESTATE PVT. LTD., KULATHUPUZHA, KOLLAM DISTRICT. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ------------- 1. THE ASSISTANT SUPERINTENDENT OF POLICE, PUNALUR. 2. THE CIRCLE INSPECTOR OF POLICE, KULATHUPUZHA, KOLLAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, KULATHUPUZHA, KOLLAM DISTRICT. 4. M.A.LATHIF, THADATHARIKATH VEEDU, PATHINAREKKAR, KULATHUPUZHA, KOLLAM DISTRICT. ADDL.RESPONDENTS 5 TO 8 5. THOMAS P., S/O PATHROSE, ANANDABHAVAN, AMAKKULAM CHATTUPPU, VILLUMALA P.O., KULAHTUPUZHA. 6. ABDUL JAMAD A., MAILAMOOTTUKADA, KULATHUPUZHA. 7. THANKAMONY, AMBATHEKKAR, KULATHUPUZHA. 8. P.RAGHAVAN, ASOKA MANDIRAM, KALLUVETTAMKUZHI, KULATHUPUZHA. (ADDL.RESPONDENTS 5 TO 8 IMPLEADED AS PER ORDER DATED 5.8.08 ON I.A.No.9688/08 IN W.P.(C)No.20662/08) BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.M.SREEKUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.20662/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE SALE DEED DATED 26.6.81. EXT.P2: TRUE COPY OF THE SALE DEED DATED 26.6.81. EXT.P3: TRUE COPY OF SALE DEED DATED 29.10.82. EXT.P4: TRUE COPY OF SALE DEED DATED 22.4.82. EXT.P5: TRUE COPY OF SALE DEED DATED 26.6.81. EXT.P6: TRUE COPY OF SALE DEED DATED 29.10.82. EXT.P7: TRUE COPY OF THE SALE DEED DATED 26.6.81. EXT.P8: TRUE COPY OF SALE DEED DATED 26.6.81. EXT.P9: TRUE COPY OF SALE DEED DATED 29.10.82 EXT.P10: TRUE COPY OF SALE DEED DATED 26.6.81. EXT.P11: TRUE COPY OF SALE DEED DATED 29.10.82. EXT.P12: TRUE COPY OF SALE DEED DATED 26.6.81. EXT.P13: TRUE COPY OF SALE DEED DATED 29.10.82. EXT.P14: TRUE COPY OF SALE DEED DATED 26.6.81. EXT.P15: TRUE COPY OF SALE DEED DATED 22.4.82. EXT.P16: TRUE COPY OF REPRESENTATION FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF PLICE DATED 6.7.08. EXT.P17: TRUE COPY OF THE REGISTERED SALE DEED DATED 22.4.82. RESPONDENTS' EXTS: EXT.R4(a): TRUE COPY OF THE ORDER OF ASSIGNMENT ISSUED TO ABDUL JAMAD DATED 20.7.77, NO.20366/74. EXT.R4(b): TRUE COPY OF THE ORDER OF ASSIGNMENT ISSUED TO THOMASKUTTY V.P. DATED 20.7.77 NO.20366/74. EXT.R4(c): TRUE COPY OF THE ORDER OF ASSIGNMENT ISSUED TO P.SAMKUTTY DATED 20.7.77 NO.20366/74. EXT.R4(d): TRUE COPY OF THE LETTER NO.05/08 DATED 19.7.08 FROM THE VILLAGE OFFICER, KULATHUPUZHA TO THE 4TH RESPONDENT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.20662 OF 2008 ----------------------------------------------------- DATED THIS THE 5th DAY OF AUGUST, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the Manager of an estate covered by Exhibits P1 to P15 and P17 documents. She is also a co-owner of the said estate. Her husband and his relatives are other owners. The 4th respondent is the leader of a political party. The petitioner alleges, the 4th respondent approached her for donation to his party and when the petitioner refused to accede to his demands, she was threatened by him with dire consequences. Soon thereafter, he came to the estate along with a group of people in a jeep. They were accompanied by the journalists of a local channel called 'Fox'. He made a public speech which was recorded by the channel people. He exhorted his supporters to encroach into the estate and put up huts there. The petitioner, immediately filed Exhibit P16 representation before the Sub Inspector of Police, Kulathupuzha pointing out the above incident. In the said representation, she has stated that she is apprehending threat to the estate and also to the lives of the petitioner and to the workmen of the estate. Alleging that the police did not take any action pursuant to Exhibit P16, this writ petition is filed. 2. In the writ petition, the petitioner has pointed out that on a W.P.(C)No.20662/08 -2- subsequent date, the 4th respondent along with his supporters came and threatened and attacked some of his workmen. Though, the police came there, no action was taken. In the above background, the petitioner seeks the following reliefs. (i) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 to 3 to grant adequate personal police protection to the workers, staff, the petitioner and the Board of Directors in the plantations comprised in Exhibits P1 to P15. (ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents 1 to 3 to grant adequate police protection for the smooth functioning of the plantations comprised in Exhibits P1 to P15. (iii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 3rd respondent to dispose of Exhibit P16 forthwith. (iv) issue an interim direction directing respondents 1 to 3 to grant adequate personal police protection to the workers, staff, the petitioner and the Board of Directors in the plantations comprised in Exhibits P1 to P15. 3. The learned Government Pleader upon instructions submitted that neither the petitioner, nor her staff have filed any complaint before the police. It is further submitted that, at present, there is no law and order problem, warranting interference by the police. 4. The 4th respondent has filed a counter affidavit denying the allegations against him. There is a Government land having an extent of W.P.(C)No.20662/08 -3- 68.58 acres on the northern side adjacent to the estate of the petitioner. It is submitted that this property is identified and set apart for assignment to land less agricultural workers. On finding that the petitioner and her workmen are encroaching into that land and trying to reduce it to their possession, the 4th respondent has raised objection to the same. Under the leadership of the local people he is only protesting against the encroachment into the Government land, made by the petitioner. It is also submitted by him that he has no intention whatsoever to encroach into the property over which the petitioner and her relatives have ownership. He has no intention to threaten or attack her or her workmen also, it is submitted. He proposes to peacefully run a campaign against encroachment of Government land by the petitioner and for assignment of the same to the land less poor. We feel that in view of the submission made by the 4th respondent, no further orders are required in this writ petition. Accordingly, it is disposed of. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn