IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 14844 OF 2022
PETITIONERS:
1 M.K. PRADEEP
AGED 57 YEARS
S/O. KARTHIKEYAN, RESIDING AT MOOTHEDATH HOUSE,
PARAVOORTHARA, MUNICIPAL LIBRARY ROAD, NORTH PARAVOOR
P.O., ERNAKULAM-683513
2 MINI PRADEEP,
AGED 52 YEARS
W/O. PRADEEP, RESIDING AT MOOTHEDATH HOUSE,
PARAVOORTHARA, MUNICIPAL LIBRARY ROAD,
NORTH PARAVOOR P.O., ERNAKULAM--683513.
BY ADVS.
K.C.ELDHO
S.BIJILAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT DEPARTMENT OF
HOME AFFAIRS, GOVERNMENT SECRETARIAT TRIVANDRUM-695001
2 THE STATION HOUSE OFFICER
NORTH PARAVOOR POLICE STATION, NORTH PARAVOOR-683513
3 PG SURESH,
AGED 59 YEARS
S/O. GOPALAN, NELLIPPILLY PADANJARAU HOUSE, KAITHARAM PO,
KOTTUVALLI PANCHAYATH, ERNAKULAM DISTRICT-683519
4 N. S MANOJ, AGED ABOUT 49,
S/O. SUBRAN, NELLIPPILLY PADANJARAU HOUSE, KAITHARAM PO
KOTTUVALLI PANCHAYATH, ERNAKULAM DISTRICT-683519.
5 SIVAN,
WP(C) NO. 14844 OF 2022 2
AGED 45 YEARS
S/O. KRISHNAN KUTTY, MAPPILAPARAMBIL HOUSE, KAITHARAM PO,
KOTTUVALLI PANCHAYATH, ERNAKULAM DISTRICT-683519.
6 RETHEESH,
AGED 38 YEARS
S/O. PAUTHARAN, KOYANGAPILLIL HOUSE, KAITHARAM PO
KOTTUVALLI PANCHAYATH, ERNAKULAM DISTRICT-683519.
OTHER PRESENT:
T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14844 OF 2022 3
JUDGMENT
This writ petition is filed seeking the following reliefs:-
a) To issue a writ of mandamus or any other appropriate writ order or direction compelling the 2 nd respondent to provide adequate and effective police protection to the petitioners for conducting fish farming as per Exhibit P3 licence in the property of the petitioners in survey No.329/1A as against the illegal and high handed act of the respondents 3 to 6 and their men.
b) Issue a writ of mandamus or any other appropriate writ order or direction compelling the 2 nd respondent to conduct investigation on exhibit P4 complaint and take action in the matter within a time limit stipulated by this Hon'ble court.
2. Heard the learned counsel for the petitioners and the learned Government Pleader.
3. Though notice has been duly served on the respondents 3 to 6, there is no appearance for the said respondents today.
4. An interim order had been rendered on 29/4/2022 WP(C) NO. 14844 OF 2022 4 granting protection to the petitioners as against respondents 3 to 6 and their men for conducting fish farming as per Ext.P3 licence in their property.
5. The learned Government Pleader submits that on the complaint raised by the petitioners, a criminal case has been registered against respondents 3 to 6.
In the above view of the matter, this writ petition is disposed of with the direction that in case of any overt act by respondents 3 to 6, the petitioner may approach the 2nd respondent, who shall afford adequate protection to the life of the petitioners and for conducting fish farming on the strength of proper and valid licences.
Sd/-
ANU SIVARAMAN JUDGE ska WP(C) NO. 14844 OF 2022 5 APPENDIX OF WP(C) 14844/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT OF THE PETITIONERS SHOWING THE PROPERTY IN THEIR NAMES Exhibit P2 A TRUE COPY OF THE FISH FARMING LICENCE ISSUED TO THE PETITIONERS IN THE NAME OF THE SECOND PETITIONER FOR THE PERIOD 2021-22 Exhibit P3 A TRUE COPY OF THE LICENCE ISSUED TO THE PETITIONERS FOR THE PERIOD 2022-2023 Exhibit P4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 1ST PETITIONERS ON 17/4/2022 BEFORE THE 2ND RESPONDENT Exhibit P5 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 2ND RESPONDENT FOR THE COMPLAINT SUBMITTED BY THE 1ST PETITIONERS DATED 17/4/2022 Exhibit P6 TRUE COPY OF THE FIR IN CRIME NO. 514/2022 DATED 10/05/2022 IN THE NORTH PARAVUR POLICE STATION Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 19/05/2022 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 19/05/2022