Kerala High Court
Kairali vs Superintendent Of Police on 8 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
WP(C) NO. 15510 OF 2021
PETITIONERS:
1 KAIRALI(SELF HELP GROUP),
REPRESENTED BY PRESIDENT, ABDUL NAZAR, AGED 46,
OCC: FISHERMAN, S/O MUHAMMED, ARONIYIL HOUSE,
DURGA NAGAR COLONY, CHERAD, MALAMPUZHA P.O,
PALAKKAD, PIN-678651.
2 JALADHARA (SELF HELP GROUP),
REPRESENTED BY PRESIDENT,
A.UNNIKRISHNAN, AGED 44, OCC: FISHERMAN,
S/O APPU, KOCHITHODU HOUSE, ANAKKAL P.O,
MALAMPUZHA,
PALAKKAD, PIN-678651.
3 MALASYAKANYAKA (SELF HELP GROUP),
REPRESENTED BY SECRETARY, BABU JACOB, AGED 49,
S/O JOSEPH CHACKO, MARUTHAMKUZHIYIL HOUSE,
VALIYAKAD, ANAKKAL P.O, MALAMPUZHA,
PALAKKAD, PIN-678651.
4 SAGARAM(SELF HELP GROUP), REPRESENTED BY SECRETARY,
V.VIDYADHARAN, AGED 42, OCC: FISHERMAN,
S/O VELAYUDHAN, TRIBAL COLONY, ANAKKAL P.O,
MALAMPUZHA, PALAKKAD, PIN-678651.
5 SREEVYASA (SELF HELP GROUP),
REPRESENTED BY SECRETARY,
K.R.BABURAJ, AGED 47, OCC: FISHERMAN,
S/O RAMAKRISHNAN, KARADIYODU HOUSE,
MALAMPUZHA P.O,
PALAKKAD, PIN-678651.
6 SINDHAGI (SELF HELP GROUP),
REPRESENTED BY PRESIDENT,
GANESH, AGED 49, OCC:FISHERMAN,
S/O SHANMUGHAN, KULAPARATHI HOUSE,
MALAMPUZHA P.O, PALAKKAD, PIN-678651.
WP(C) NO. 15510 OF 2021
-2-
7 MALABAR (SELF HELP GROUP),
REPRESENTED BY SECRETARY, PRATHEESH T.K.,
AGED 39, OCC:FISHERMAN, S/O KRISHNANKUTTY,
THOTTUNKAL HOUSE, ANAKKAL P.O, MALAMPUZHA,
PALAKKAD, PIN-678651.
8 DOLPHIN (SELF HELP GROUP),
REPRESENTED BY PRESIDENT,
VISHWANATHAN, AGED 48, OCC : AGRICULTURIST,
S/O MALLAN, AYYAPPANPOTTA, MALAMPUZHA P.O,
PALAKKAD, PIN-678651.
BY ADVS. SRI.B.A.ALOOR
BIJU ANTONY ALOOR
VISHNU DILEEP
ARCHANA SURESH
JINSON JACOB
SIDHARTH K.S.
RESPONDENTS:
1 SUPERINTENDENT OF POLICE,SP CAMP OFFICE,
PARAKKUNNAM, VIDYUTH NAGAR, PALAKKAD DISTRICT,
PIN-678001.
2 DISTRICT COLLECTOR, KENATHUPARAMBU,
KUNATHURMADU, PALAKKAD DISTRICT, PIN-678013.
3 DEPUTY DIRECTOR OF FISHERIES,
FISHERIES OFFICE, MAIN ROAD, MALAMPUZHA-II,
PALAKKAD DISTRICT, PIN-678651.
4 THE SECRETARY, MALAMPUZHA GRAMA PANJAYAT,
MALAMPUZHA -KAVA, AANAKALLU ROAD,
PALAKKAD DISTRICT, PIN-678651.
BY ADVS.SRI.E.C.BINEESH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 15510 OF 2021
-3-
JUDGMENT
The petitioners, who are stated to be 'Self Help
Groups', have approached this Court asserting that
they have exclusive rights to fish in the Reservoir of
Malampuzha Dam, as sanctioned by Ext.P1 series of
documents.
2. According to the petitioners, even though
they were engaged in the activity of fishing legally,
certain obstructions were brought against them by
vested interests; and consequently, they preferred
Ext.P4 petition before the Circle Inspector of Police,
Malampuzha; however, alleging that no action has been
taken thereon by the said Authority to afford
protection.
3. The petitioners say that, in the meanwhile,
they approached the District Collector with their
grievances; and that the said Authority issued Ext.P5
on 13.07.2021, to the 1st respondent - District
Superintendent of Police, instructing him to afford
WP(C) NO. 15510 OF 2021
necessary protection, so as to allow them to continue
their activity of fishing in the Reservoir of
Malampuzha Dam. They assert that, in spite of Ext.P5,
no action has been taken and, therefore, that they
have been constrained to approach this Court, through
this writ petition.
4. I have heard Sri.B.A.Aloor, learned counsel
for the petitioner and the learned Government Pleader
- Sri.E.C.Bineesh, appearing for the official
respondents.
5. The learned Government Pleader -
Sri.E.C.Bineesh, submitted that there is no doubt that
the right to fish in the Reservoir of the Malampuzha
Dam, as on today, is vested with the petitioners; and
that this has been acceded to by the 2 nd respondent -
District Collector, in Ext.P5. He submitted that,
therefore, since the District Collector has now
directed the 1st respondent - Superintendent of Police
to ensure that petitioners are given sufficient
protection, necessary action in this regard will be
WP(C) NO. 15510 OF 2021
taken by the said Authority. He prayed that this writ
petition be, therefore, ordered on such terms.
6. I have evaluated the afore submissions and am
of the firm view that there is no doubt, as of today,
that the petitioners are conceded to be holding rights
to fish in the Reservoir of the Malampuzha Dam. Going
by Ext.P5, the District Collector has, as recently as
on 13.07.2021, instructed the 1st respondent -
Superintendent of Police, to accord protection to the
members of the petitioners, as also to ensure that
unauthorised fishing is not permitted in the
Reservoir.
7. I am consequently certain that the 1st
respondent must now act in terms of Ext.P5.
Resultantly, this writ petition is allowed,
directing the 1st respondent to ensure that the lives
of the members of the petitioners - 'Self Help
Groups', are adequately protected, when they engage
themselves in the activity of fishing in the Reservoir
of the Malampuzha Dam; with a consequential direction
WP(C) NO. 15510 OF 2021
to him to ensure that further request in Ext.P5,
namely to stop unauthorised fishing in the Reservoir,
is acceded to effectively and efficiently.
Needless to say, if the petitioners, or their
members, face threat from any source, they will be at
liberty to approach the 1st respondent or the Circle
Inspector of Police, Malampuzha Police Station, with
an appropriate representation; in which event,
necessary action, in terms of the afore directions,
will be taken by them without any avoidable delay.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 15510 OF 2021
APPENDIX OF WP(C) 15510/2021
PETITIONER EXHIBITS
EXHIBIT P1 A COPY OF THE REGISTRATIONS OF
ORGANIZATION CERTIFICATE OF PETITIONERS
DATED 8/5/2021.
EXHIBIT P2 A COPY OF THE ORDER BY KERALA STATE
SCHEDULED CASTE/SCHEDULED TRIBE
COMMISSION DATED ON 30.07.2019.
EXHIBIT P3 A COPY OF THE INTRRIM ORDER PASSED BY
THIS HON'BLE COURT DATED ON 01.03.2021.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION FILED
TO RESPONDENT NO.1
EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED
13.7.2021.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
