Kerala High Court

Raji S vs The State Of Kerala on 1 March, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                      W.P(C).No.26957 OF 2020(T)


PETITIONERS:

      1        RAJI S.
               AGED 38 YEARS
               W/O. ANILKUMAR,
               RESIDING AT VATTAVILA VEEDU,
               NEDUNGOLAM P. O., PARAVOOR,
               KOLLAM DISTRICT - 691 334.

      2        ANILKUMAR,
               AGED 42 YEARS
               S/O. VIDHADHARAN, RESIDING AT VATTAVILA VEEDU,
               NEDUNGOLAM P. O., PARAVOOR,
               KOLLAM DISTRICT - 691 334.

               BY ADVS.
               SRI. S. SREEKUMAR
               SRI. K. VIJAYAN
               SMT. V. BEENA

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY,
               HOME AFFAIRS, SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      2        THE CITY POLICE COMMISSIONER,
               KOLLAM, PIN - 691 001.

      3        THE STATION HOUSE OFFICER,
               CHATHANOOR POLICE STATION,
               KOLLAM DISTRICT, PIN - 691 572.

      4        SUB INSPECTOR OF POLICE,
               CHATHANNOOR POLICE STATION,
               KOLLAM DISTRICT, PIN - 691 572.

      5        RENJITH,
               AGED 35 YEARS
               S/O. SASIDHARAN, RESIDING AT S.R.BHAVAN,
               KARAMCODE P. O., CHATHANNOOR,
               KOLLAM DISTRICT - 691 579.
 W.P(C).No.26957 OF 2020

                                 2


       6       SASIDHARAN,
               AGED 60 YEARS
               S.R. BHAVAN, KARAMCODE P. O.,
               CHATHANNOOR, KOLLAM DISTRICT - 691 579.

       7       RAMANI,
               AGED 50 YEARS
               W/O. SASIDHARAN, S.R. BHAVAN,
               KARAMCODE P. O., CHATHANNOOR,
               KOLLAM DISTRICT - 691 579.

       8       USHA,
               AGED 45 YEARS
               W/O. RAJAN, KUNNUMPURATHU PUTHEN VEEDU,
               KARAMCODE P. O., CHATHANNOOR,
               KOLLAM DISTRICT - 691 579.

       *ADDL. THE ENVIRONMENTAL ENGINEER,
       R9     KERALA STATE POLLUTION CONTROL BOARD,
              USHUS BUILDING, BIG BAZAR,
              KOLLAM, KERALA - 691 001.

               * ADDL. R9 IS IMPLEADED AS PER ORDER DATED
               15.02.2021 IN I.A NO.1 OF 2021 IN W.P.(C).

               R1- R4, SUNILNATH N. B, GP
               R5 - R8 - SRI. M.R. SASITH PANICKER
               R9 - T.NAVEEN SC, KERALA STATE POLLUTION CONTROL
               BOARD,



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C).No.26957 OF 2020

                                       3

                               JUDGMENT

The petitioners are husband and wife, conducting a poultry

farm in 50 cents of property in Survey No.270/1, 270/1-2 of

Chirakara Village under the name and style 'Vidya Poultry Farm', on

the strength of Ext.P1 licence dated 07.09.2020, granted by

Chirakara Grama Panchayath, and Ext.P2 Consent to operate

granted by the additional 9th respondent Environmental Engineer of

the Kerala State Pollution Control Board, which is valid till

31.05.2014. Respondents 5 to 8 are residing near that poultry

farm. The petitioners have filed this writ petition under Article 226

of the Constitution of India seeking a writ of mandamus

commanding respondents 1 to 4 to provide adequate and effective

police protection to the life of the petitioners and their property

against the alleged threat of violence from the respondents 5 to 8

and their men. Petitioners have also sought for a writ of mandamus

commanding 3rd and 4th respondents to consider Ext.P3 complaint

dated 28.11.2020 filed before the 4 th respondent Sub Inspector of

Police, Chathannoor Police Station, in accordance with law and to

take appropriate action thereon, within a time frame that this Court

may consider reasonable.

W.P(C).No.26957 OF 2020

2. On 07.12.2020, when this writ petition came up for

admission notice before admission was ordered to the respondents.

The learned Government Pleader took notice for respondent Nos.1

to 4. Urgent notice by speed post was ordered to respondents 5 to

8. By an interim order dated 07.12.2020, this Court directed the

4th respondent to maintain law and order.

3. Along with the memo filed by the learned Senior

Government Pleader, the statement of the 4th respondent Sub

Inspector of Police is placed on record.

4. Heard the learned counsel for the petitioners, the

learned Government Pleader appearing for respondents 1 to 4 and

also the learned counsel appearing for respondents 5 to 8.

5. 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 W.P(C).No.26957 OF 2020

and the laws enacted thereunder, strive in accordance with the law,

to ensure that all persons enjoy the freedoms and rights available

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.

6. 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 W.P(C).No.26957 OF 2020

search a man's house without authority. They must not use more force than the occasion warrants."

7. In Manohar Lal Sharma v. Principal Secretary

[(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].

8. The learned counsel for the petitioners would submit

that the petitioners are conducting the poultry farm, on the

strength of Ext.P1 licence granted by Chirakara Grama Panchayath,

which is valid upto 31.03.2021 and Ext.P2 consent to operate

granted by the additional 9th respondent Environmental Engineer of

the Kerala State Pollution Control Board, which is valid upto

31.05.2021.

9. The learned counsel for respondents 5 to 8 would submit

that they have absolutely no intention to cause any threat or

obstruction to the poultry farm conducted by the petitioners. In

case there is any pollution from that poultry farm, they will W.P(C).No.26957 OF 2020

approach the Grama Panchayath and also the additional 9 th

respondent Environmental Engineer of the Kerala State Pollution

Control Board for redressal of their grievance.

Having considered the submission made by the learned

counsel on both sides, this writ petition is disposed of with the

following directions:-

(i) The 3rd respondent shall take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of respondents 5 to 8 or their supporters, in connection with the functioning of the poultry farm.

(ii) In case there is any threat to the life of the petitioners or the workers engaged by them, from the side of respondents 5 to 8 or their men, the petitioners shall move the 3rd respondent Station House Officer with a request for Police protection.

(iii) In case any such request for Police protection is made by the petitioners, the 3rd respondent shall take necessary action on that request, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra.

(iv) In case there is any environmental or pollution issues on account of the functioning of the poultry farm in question, it would be open to the respondents 5 to 8 or any resident in the locality to approach Chirakara W.P(C).No.26957 OF 2020

Grama Panchayath or the additional 9th respondent Environmental Engineer of the Kerala State Pollution Control Board, for redressal of their grievance. No order as to costs.

Sd/-

ANIL K. NARENDRAN JUDGE

SPR W.P(C).No.26957 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LICENSE ISSUED BY CHIRAKARA GRAMA PANCHAYAT DATED 07.09.2020.

EXHIBIT P2 TRUE COPY OF THE CONSENT GIVEN BY THE POLLUTION CONTROL BOARD.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 28.11.2020 FILED BEFORE THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION.

EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 28.11.2020 GIVEN FROM THE POLICE STATION ON RECEIVING EXHIBIT P3.