Kerala High Court
V.K.Sunil vs The District Collector on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
WP(C).No.28448 OF 2020(E)
PETITIONER:
V.K.SUNIL
AGED 48 YEARS
FLAT # 37, J.M.HABITAT,
SASTRI ROAD, VADUTHALA, ERNAKULAM-682 023.
BY ADV. SRI.C.R.SYAMKUMAR
RESPONDENTS:
1 THE DISTRICT COLLECTOR
PALAKKAD-678 001.
2 THE DISTRICT CHIEF OF POLICE,
PALAKKAD-678 001.
3 THE DEPUTY SUPERINTENDANT OF POLICE,
PALAKKAD-678 001.
4 THE STATION HOUSE OFFICER,
KOLLANGODE POLICE STATION, PALAKKAD-678 506.
5 THE DISTRICT VETERINARY OFFICER,
DISTRICT VETERINARY CENTRE,
V.H.ROAD, PALAKKAD-678 001.
6 THE VETERINARY SURGEON,
GOVERNMENT VETERINARY HOSPITAL, PUTHOOR, MUTHALAMADA-
678 507.
7 PASUPATHI KAUNDER,
IDUKKUPPARA, MUTHALAMADA,
GOVINDAPURAM P.O.PALAKKAD-678 507.
8 RAJAMANI,
W/O PASUPATHI KAUNDER, IDUKKUPPARA, MUTHALAMADA,
GOVINDAPURAM P.O.PALAKKAD-678 507.
WP(C).No.28448 OF 2020(E)
2
9 RAMKUMAR,
S/O PASUPATHI KAUNDER, IDUKKUPPARA, MUTHALAMADA,
GOVINDAPURAM P.O.PALAKKAD-678 507.
R1-R6 BY SRI SUNIL NATH N.B, GOVERNMENT PLEADER
R7-R9 BY ADV. SRI.SAJAN VARGHEESE K.
R7-R9 BY ADV. SRI.LIJU. M.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.28448 OF 2020(E)
3
JUDGMENT
Going by the averments in the writ petition, since
17.02.2018, the petitioner has been conducting a small dairy and
goat farm in 1.62 hectares of land in Block No.20 in
Sy.No.353/1pt, 353/2pt and 353/3pt of Muthalamada Village.
Respondents 7 and 8 are owners of the said property and the 9 th
respondent is their son. The petitioner is conducting the said farm
on the strength of Ext.P1 agreement dated 17.02.2018 executed
between the petitioner and respondents 7 and 8. The petitioner
has filed this writ petition under Article 226 of the Constitution of
India, seeking a writ of mandamus commanding respondents 2 to
4 to provide proper and effective protection to the petitioner and
his employees for transportation of necessary feeds and other
essentials to the animals and birds in the petitioner's farm, in the
aforesaid property.
2. On 08.01.2021, when this writ petition came up for
admission, the learned Government Pleader was directed to file
statement on behalf of the 4th respondent.
3. Respondents 7 and 9 have filed counter affidavit.
Paragraph 3 of that counter affidavit reads thus:
WP(C).No.28448 OF 2020(E)
"It is true that Ext.P1 agreement was entered between
the parties as averred in the above writ petition. As per
clause No.17 of Ext.P1, the petitioner has violated many
clauses contained in the said agreement; as such he is
liable to surrender the vacant possession of the
properties. The petitioner is not properly looking after
coconut trees, mango trees and other long term
agricultural operations after providing necessary manure
and irrigation. They are at the verge of ruination. In order
to avoid such a situation of surrender, with mala fide
intention the above writ petition is filed. The respondent
No.8 is the wife of the 7th respondent and the mother of
the 9th respondent. We have no intention to interfere in
the livestock. In the facts and circumstances of the
matter, the above writ petition filed under Article 226 of
the Constitution of India is not sustainable and instead of
the same, if any grievance is there, civil remedy is to be
sought for. In the above circumstances of the matter, the
above writ petition is liable to be dismissed."
4. The learned Government Pleader has filed a statement
on behalf of the 4th respondent.
5. Heard the learned counsel for the petitioner, the learned
Government Pleader for respondents 1 to 6 and also the learned
counsel for respondents 7 and 9.
6. The learned counsel for the petitioner would submit that
on the strength of the interim order dated 18.12.2020, the 4 th
WP(C).No.28448 OF 2020(E)
respondent has afforded necessary protection to the petitioner and
his employees to feed the animals in the farm run by him, within
the limits of Muthalamada Village. The learned counsel would also
point out the stand taken by respondents 7 and 9 in paragraph 3 of
the counter affidavit that they have no intention to interfere in the
process of feeding the livestock in the petitioner's farm.
7. The learned Government Pleader, on instructions, would
submit that at present there is no law and order situation. The
learned counsel for respondents 7 and 9 would submit that as
stated in the counter affidavit, they have no intention to interfere
in the process of feeding the livestock in the petitioner's farm
In such circumstances, this writ petition is closed, recording
the aforesaid submissions made by the learned counsel for the
petitioner and also the learned counsel for respondents 7 and 9.
Sd/-
ANIL K.NARENDRAN
JV JUDGE
WP(C).No.28448 OF 2020(E)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED
17.2.2018 EXECUTED BETWEEN THE PETITIONER
AND THE 7TH AND 8 RESPONDENTS
EXHIBIT P2 PHOTOGRAPHS OF THE FODDER FIELD
DEVELOPMENT BY THE PETITIONER ALONG WITH
HIS FARM
EXHIBIT P3 PHOTOGRAPHS OF THE PRESENT CONDITION OF
THE FODDER
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE PETITIONER (THROUGH HIS EMPLOYEE
MR SHAJAHAN) BEFORE THE 6TH RESPONDENT
EXHIBIT P5 PRINT OUT COPIES OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER IN THE
OFFICIAL EMAIL ID OF THE 1ST AND 2ND
RESPONDENTS
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
15.12.2020 SENT BY REGISTERED POST TO 2ND
RESPONDENT
EXHIBIT P7 TRUE COPIES OF THE POSTAL RECEIPTS FOR
SENDING EXT P6 AND SIMILAR
REPRESENTATIONS TO THE RESPONDENTS 1 TO 4
EXHIBIT P8 TRUE COPIES OF THE POSTAL RECEIPTS FOR
SENDING REPRESENTATIONS TO RESPONDENTS 5
AND 6
