Kerala High Court
A.J.Kuriachan vs The Circle Inspector Of Police on 9 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942
WP(C).No.62 OF 2021(G)
PETITIONER:
A.J.KURIACHAN, AGED 50 YEARS
S/O.JOSEPH, AAKKANTHIRIYIL HOUSE,
MANNARKKAD-I VILLAGE, MANNARKKAD TALUK,
PALAKKAD DISTRICT.
BY ADVS.
SRI.K.MOHANAKANNAN
SMT.T.V.NEEMA
SRI.H.PRAVEEN (KOTTARAKARA)
RESPONDENTS:
1 THE CIRCLE INSPECTOR OF POLICE
MANNARKKAD, PALAKKAD-678582.
2 THE SUB INSPECTOR OF POLICE,
MANNARKKAD, PALAKKAD-678582.
3 THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, KARAKURRUSSI, MANNARKKAD TALUK,
PALAKKAD DISTRICT-678595.
4 SIDHIQUE,
KILAYIL HOUSE, KUNDUKANDAM, PALLIKURUP PO,
MANNARKKAD, PALAKKAD DISTRICT-678593.
R1-R3 BY SRI SUNIL NATH N.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.62 OF 2021(G)
2
JUDGMENT
The petitioner, who is a lessee of 5 acres 53 cents of land in
Sy.No.153 of Karakurussi Village in Mannarkkad Taluk in Palakkad
District covered by Ext.P1 lease agreement dated 26.12.2020, has
filed this writ petition under Article 226 of the Constitution of India,
seeking a writ of mandamus commanding respondents 1 and 2 to
provide adequate and effective police protection for conducting
pineapple cultivation in the property covered by Ext.P1 lease
agreement and to avert the threat caused by the 4 th respondent
and their men. The grievance of the petitioner is against the
obstruction alleged to have been caused by the 4 th respondent, in
the petitioner conducting pineapple cultivation in the property in
question, alleging that the petitioner will use pesticides for
pineapple cultivation. According to the petitioner, he will use only
permitted pesticides and fertilizers for cultivation of pineapple. The
petitioner approached the 3rd respondent Agricultural Officer, to
give necessary instructions in the matter. The 3 rd respondent vide
Ext.P2 communication dated 01.12.2020 informed the petitioner
that he can use only the pesticides approved by the Kerala
Agricultural University and that, by using such pesticides no health
WP(C).No.62 OF 2021(G)
problems will be caused to the neighbours. The petitioner
submitted Ext.P3 complaint dated 27.12.2020 before the 1 st
respondent seeking police protection for pineapple cultivation, from
any obstruction from the side of the 4th respondent and others.
2. On 05.01.2021, when this writ petition came up for
admission, the learned Government Pleader took notice on
admission for respondents 1 to 3. Urgent notice on admission by
special messenger was ordered to the 4 th respondent, returnable by
11.01.2021. The learned Government Pleader was directed to get
instructions from respondents 2 and 3.
3. On 11.01.2021, when this writ petition came up for
consideration, the learned Government Pleader pointed out the
guidelines issued by the State Government in the matter of
pineapple cultivation, which is one dated 17.08.2020. A copy of the
guidelines is placed on record along with a memo filed by the
learned Government Pleader dated 12.01.2021.
4. The petitioner has filed reply affidavit dated 20.01.2021.
Paragraphs 2 and 3 of the reply affidavit read thus:
"2. The above writ petition is filed seeking police protection
for pineapple cultivation. Along with the memo, the
Government Pleader dated 17.08.2020 prescribing the
WP(C).No.62 OF 2021(G)
guidelines in respect of the pineapple cultivation is
produced. Appendix II of the Government order enlisted the
list of Agro Chemicals recommended by the Government for
pineapple cultivation. I am intending to use the following:
a. Herbicides
Diuron:-(As per the dosage suggested in Appendix II)
b. Fungicides:
Bordeauxmixture (As per the dosage suggested in
Appendix II)
c. Insecticides:
Quinalphos or Chlorpyriphos or dimthoate (As per the
dosage suggested in Appendix II)
d. Hormone:
Ethephone (As per the dosage suggested in Appendix II)
3. I further undertake that I will not use, any chemicals
which is not recommended in the Government order and
Appendix II for cultivating pineapple."
5. Along with the memo filed by the learned Government
Pleader dated 23.01.2021, the report of the 2nd respondent Sub
Inspector of Police, Mannarkkad Police Station is placed on record.
Paragraphs 2 and 3 of that report read thus:
"2. It is submitted that some residents near the said plot
on the leadership of 4th respondent prevented the petitioner
from effecting agricultural operations alleging that pesticides
will be used for effecting pineapple cultivation which is
hazard to the nearby residents. On enquiry it is revealed
that the residents of Kundukandam, Pallikkuruppu is not
WP(C).No.62 OF 2021(G)
allowing the petitioner to cultivate pineapple in the said
area. If the petitioner start his pineapple cultivation, these
will be a law and order issue in the area between the
petitioner and the residents of Kundukandam.
3. It is submitted that at present there is neither any law
and order situation prevailing at the place nor any threat to
the life of the petitioner. Police is keeping strict vigil in this
matter. It is humbly submitted that police is duty bound to
obey the timely directions issued by this Hon'ble Court in
this matter."
6. Heard the learned counsel for the petitioner and also the
learned Government Pleader appearing for respondents 1 to 3.
Despite service of notice, none appears for the 4th respondent.
7. The Kerala Police Act, 2011 is enacted to consolidate and
amend the law relating to the establishment, regulation, powers
and duties of the Police Force in the State of Kerala and for matters
connected therewith and incidental thereto. Chapter II of the Act
deals with duties and functions of Police. Section 3 of the Act deals
with general duties of Police. As per Section 3, the Police, as a
service functioning category among the people as part of the
administrative system shall, subject to the Constitution of India
and the laws enacted thereunder, strive in accordance with the law,
to ensure that all persons enjoy the freedoms and rights available
WP(C).No.62 OF 2021(G)
under the law by ensuring peace and order, integrity of the nation,
security of the State and protection of human rights. Section 4 of
the Act deals with functions of Police. As per Section 4, the Police
Officers shall, subject to the provisions of the Act, perform the
functions enumerated in clauses (a) to (s) of Section 4. As per
clause (a), the Police Officers shall enforce the law impartially; and
as per clause (b), the Police Officers shall protect the life, liberty,
property, human rights and dignity of all persons in accordance
with the law.
8. Lord Denning in 'The Due Process of law' [First Indian
Reprint 1993, Page 102] has described the role of the Police thus;
"In safeguarding our freedoms, the police play vital role.
Society for its defence needs a well-led, well-trained and
well-disciplined force or police whom it can trust, and
enough of them to be able to prevent crime before it
happens, or if it does happen, to detect it and bring the
accused to justice.
The police, of course, must act properly. They must obey
the rules of right conduct. They must not extort confessions
by threats or promises. They must not search a man's house
without authority. They must not use more force than the
occasion warrants."
9. In Manohar Lal Sharma v. Principal Secretary
WP(C).No.62 OF 2021(G)
[(2014) 2 SCC 532] the Apex Court held that, one of the
responsibilities of the police is protection of life, liberty and
property of citizens. The investigation of offences is one of the
important duties the police has to perform. The aim of investigation
is ultimately to search for truth and bring the offender to the book.
The Apex Court reiterated the said principle in Ankush Maruti
Shinde v. State of Maharashtra [(2019) 15 SCC 470].
10. Along with the memo dated 12.01.2021, the learned
Government Pleader has produced a copy of the Government Order
No.G.O(Ms).No.64/2020/Agri dated 17.08.2020 issued by the
State, pursuant to the directions contained in the common
judgment of this Court dated 06.03.2019 in W.P.(C).No.
34602/2017 and connected cases, in order to minimise the use of
hazardous chemical pesticides in agriculture. Sub paragraphs (I)
to (V) of para 3 of the Government Order dated 17.08.2020 read
thus:
'(I). Adoption of Good Agricultural Practices (GAP)
All the farmers who are following commercial pineapple cultivation
either in owned or leased land should register themselves in their
respective Krishi Bhavans so as to form a cluster-having a
minimum area of 25 ha. The cluster should adopt the Good
Agricultural Practices procedures and standards fixed for GAP
WP(C).No.62 OF 2021(G)
certification of pineapple (Appendix I) and each farmer should
maintain "Farm Dairy" as a document for evaluation, for a
minimum period of one year. There should be a lead farmer in each
cluster to co-ordinate the group activities
(II). Scientific use of Plant Protection Chemicals.
Application of Pesticides as per label claims approved by the
Registration Committee (CIB&RC) is critical to the health and
wellbeing of human beings and Environment. Pesticides are
registered for specific usage under terms and conditions approved
by the Registration Committee. Therefore, it is the responsibility of
all dealers that only registered pesticides are stocked, distributed
and sold. The licenced dealers of pesticides shall play a critical role
in creating awareness to farmers in making right choices of
pesticides, the dosages, timing and mode of application in
accordance with the approved labels and leaflets or
recommendation of the Kerala Agricultural University (KAU) and
prescription of the Agricultural Officers. The recommendations of
plant protection chemicals (insecticides, fungicides, weedicides
etc.) given by the Kerala Agricultural University (KAU) should be
strictly adopted by the cluster (Appendix II)
(III). Dosage and manner in which the Pant Protection Chemicals
have to be procured and used by the farmer.
A peer group will be constituted with leaders of cluster registered
in a Krishi Bhavan. This group will take care of the various group
activities like training, awareness campaigning and procurement of
various inputs including plant protection chemicals with the help of
Agricultural Officers. The group shall also conduct visit to individual
plots of each cluster in periodical intervals (fortnightly). The peer
group shall report in incidence of pest, disease and weed
infestation to the concerned Krishi Bhavan. The Agricultural Officer
of the concerned Krishi Bhavan will give prescription for the
WP(C).No.62 OF 2021(G)
procurement of PP Chemicals as per the recommendation of the
Kerala Agricultural University. In order to ensure that the products
to be certified are "Safe to eat" the sample of the products should
be subjected to pesticide residue analysis at accredited labs.
(IV). Field level Monitoring and GAP Certification. For the effective
implementation of the GAP, there must be a strict supervision and
evaluation through field level functionaries.
(a) At Krishi Bhavan level the Agricultural Officer will be the
Inspectors, who with the support of Agricultural Assistants will
carry out the inspection during the critical growth period of the
crop atleast thrice in a cropping period to confirm the requirement
of GAP certification by evaluating the Farm Diaries maintained by
each farmer. The Agricultural Officer should give cluster wise field
inspection report to concerned Block level Assistant Director of
Agriculture (ADA). File No.AGRI-NCA3/264/2019-AGRI
(b) At Block level the ADA will conduct random field
inspection of atleast 25% of the clusters and recommend to the
higher authority at the District level to issue 'Safe to Eat
Certificate'. (c) At District level the Principal Agricultural Officer will
have the overall control of the programme. The Deputy Director of
Agriculture (H) will be the District Nodal Officer. The Assistant
Director of Agriculture (Marketing) will assist the Principal
Agricultural Officer and the District Nodal Officer in issuing the
'Safe to Eat Certificate' as per the GAP standards
(V). Penalties to be imposed to farmers/persons who are violating
the Guidelines. The GAP certificate is issued only to those farmers
who are following the 11 GAP standards and achieving a minimum
of 80% of the total 60 criteria, including the 17 mandatory ones.
Those who are violating the guidelines shall be imposed the
following penalties. (a) The penalties prescribed in Section 29 of
the Insecticides Act 1968 to be imposed on the persons who
WP(C).No.62 OF 2021(G)
contravene any provisions of the Act and mutatis - mutandis the
indiscriminate use of insecticides, pesticides weedicides etc. in the
case of pineapple farming for commercial purposes, subject to the
provision of the sub section (2) of section 24 of the Environmental
(Protection) Act 1986, the penalties for contravention of the
Provisions of the above Act under Section 15 shall also be imposed.
( b ) Even though the present issue pertains to farming/ cultivation
of pineapple, since the guidelines envisage the issuance of "safe to
eat certificate" as per GAP standards, the provisions under the
Food Safety and Standards Act 2006 Section 21 of the Act which
restricts the presence of pesticide residues of veterinary drugs,
antibiotic residues and microbial counts in food which make it
unsafe to eat, shall be invoked. Hence the punishment in respect
of food under Section 59 of the File No.AGRI-NCA3/264/2019-AGRI
Fo o d Safety and Standards Act, 2006 shall be imposed by
invoking the relevant provisions and the implementing authorities
under the above Act."
11. In Centre for Public Interest Litigation v. Union of
India & Ors. [(2013) 16 SCC 279] the Apex Court emphasised
that, any food article which is hazardous or injurious to public
health is a potential danger to the fundamental right to life
guaranteed under Article 21 of the Constitution of India and that a
paramount duty is cast on the States and its authorities to achieve
an appropriate level of protection to human life and health which is
a fundamental right guaranteed to the citizens under Article 21
read with Article 47 of the Constitution of India. Paragraph 27 of
WP(C).No.62 OF 2021(G)
the judgment reads thus;
"27. Enjoyment of life and its attainment, including right to
life and human dignity encompasses, within its ambit
availability of articles of food, without insecticides or
pesticides residues, veterinary drugs residues, antibiotic
residues, solvent residues, etc. But the fact remains, many of
the food articles like rice, vegetables, meat, fish, milk, fruits
available in the market contain insecticides or pesticides
residues, beyond the tolerable limits, causing serious health
hazards. We notice, fruit based soft drinks available in
various fruit stalls, contain such pesticides residues in
alarming proportion, but no attention is made to examine its
contents. Children and infants are uniquely susceptible to the
effects of pesticides because of their physiological immaturity
and greater exposure to soft drinks, fruit based or
otherwise."
12. As already noticed hereinbefore, the specific stand taken
in the reply affidavit filed by the petitioner is that he will not use
any chemicals which are not recommended in the aforesaid
Government Order dated 17.08.2020, included in the list of agro-
chemicals recommended in Appendix II for cultivating pineapple in
the property covered by Ext.P1 agreement dated 26.12.2020.
13. During the course of arguments, the learned
Government Pleader would point out that the 3 rd respondent
Agricultural Officer has already granted permission to the petitioner
WP(C).No.62 OF 2021(G)
for pineapple cultivation, in the property covered by Ext.P1 lease
deed, by issuing an order dated 03.02.2021.
14. In such circumstances, this writ petition is disposed of
with the following directions:
(i) The 1st respondent Station House Officer of
Mannarkkad Police Station shall take necessary steps
to ensure that there is no threat to law and order in the
locality, at the instance of the 4 th respondent or his
supporters, in connection with the pineapple cultivation
undertaken by the petitioner, in the property covered
by Ext.P1 lease deed, in strict compliance with the
guidelines issued in the Government order dated
17.08.2020, on the strength of a valid permission
granted by the 3rd respondent Agricultural Officer.
(ii) In case there is any threat to the life and property of
the petitioner or that of the workers engaged by him,
in connection with pineapple cultivation in the property
covered by Ext.P1 lease deed, from the side of the 4 th
respondent or his supporters, the petitioner shall make
proper request before the 1st respondent Station House
Officer seeking police protection, in which event, the
said respondent shall consider the same and take
appropriate action, without any delay, taking note of
the statutory provisions referred to hereinbefore and
also the law laid down in the decisions referred to
supra.
(iii) The 3rd respondent Agricultural Officer shall ensure that
WP(C).No.62 OF 2021(G)
the pineapple cultivation in the property covered by
Ext.P1 lease deed is undertaken by the petitioner
strictly in conformity with the guidelines contained in
the Government order dated 17.08.2020 and also the
permission granted on 03.02.2021. In case of any
violation of the guidelines, the 3 rd respondent shall take
stringent action against the petitioner, as provided in
that guidelines and the said fact shall also be informed
to the 1st respondent Circle Inspector of Police.
(iv) The 3rd respondent Agricultural Officer shall also ensure
that the petitioner is spreading pesticides and fertilizers
in the property covered by Ext.P1 agreement, only
during day time. In case any complaint is received from
the 5th respondent or other residents in the locality
alleging violation of the guidelines in the Government
order dated 17.08.2020 or spreading of pesticides or
fertilizers during night time, the 3rd respondent shall
take action against the petitioner, in accordance with
the law, and he shall also withdraw the permission
already granted to the petitioner, with notice to the
petitioner and after affording him an opportunity of
being heard.
Sd/-
ANIL K.NARENDRAN
JV JUDGE
WP(C).No.62 OF 2021(G)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED
26.12.2020 BETWEEN THE PETITIONER AND
V.BALARKISHNAN.
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED
1.12.2020 SENT BY THE 3RD RESPONDENT TO
THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED
27.12.2020 FILED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT WITH ACKNOWLEDGMENT
RECEIPT.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT WITH ENDORSEMENT OF THE 3RD
RESPONDENT DATED 28.12.2020.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT WRIT PETITION
NO.18457/2014 DATED 14.8.2014.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED
03.02.2021 ISSUED BY THE 3RD RESPONDENT
TO THE PETITIONER
