Sunil.P.Vadassery vs Deputy Superintendent Of Police
2021 Latest Caselaw 20119 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943

                             WP(C) NO. 19563 OF 2021

PETITIONERS:

     1         SUNIL.P.VADASSERY,
               AGED 48 YEARS
               S/O.POULOSE, VADASEERY HOUSE, KORMALADESOM, KUTTICHIRA VILLAGE,
               THRISSUR DISTRICT-680 724.

     2         POULOSE,
               AGED 78 YEARS
               S/O.KUNJUVAREED, VADASEERY HOUSE, KORMALADESOM, KUTTICHIRA
               VILLAGE, THRISSUR DISTRICT-680 724.

     3         AANIS,
               AGED 77 YEARS
               W/O.POULOSE, VADASEERY HOUSE, KORMALADESOM, KUTTICHIRA VILLAGE,
               THRISSUR DISTRICT-680 724.

     4         SONIA,
               AGED 50 YEARS
               D/O.POULOSE, VADASEERY HOUSE, KORMALADESOM, KUTTICHIRA VILLAGE,
               THRISSUR DISTRICT-680 724.

     5         SINI,
               AGED 45 YEARS
               D/O.POULOSE, VADASEERY HOUSE, KORMALADESOM, KUTTICHIRA VILLAGE,
               THRISSUR DISTRICT-680 724.

               BY ADV RAPHAEL THEKKAN



RESPONDENTS:

     1         DEPUTY SUPERINTENDENT OF POLICE
               DYSP OFFICE CHALAKUDY, CHALAKUDY, THRISSUR DISTRICT-680 307.

     2         CIRCLE INSPECTOR OF POLICE, VELLIKULANGARA POLICE STATION,
               THRISSUR DISTRICT-680 699.

     3         SUB INSPECTOR OF POLICE, VELIKULLANGARA POLICE STATION,
               THRISSUR DISTRICT-680 699.

     4         GENERAL WORKERS UNION,
               KORMALA DESOM, KUTTICHIRA VILLAGE, CHALAKUDY, REPRESENTED BY
               ITS SECRETARY, LIJU.M.V., AGED 47 YEARS, S/O.VARGHESE, KORMALA
               DESOM, KUTTICHIRA VILLAGE, THRISSUR DISTRICT-680 724.
 WP(C) NO. 19563 OF 2021

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     5      GENERAL WORKERS UNION,
            RANDUKAI DESOM, KUTTICHIRA VILLAGE, CHALAKUDY, REPRESENTED BY
            ITS SECRETARY, THILAKAN, AGED NOT KNOWN, S/O.VELAYUDHAN,
            KOKKADAN HOUSE, RANDUKAI DESOM, KUTTICHIRA VILLAGE,
            CHAIPANKUZHI P.O., THRISSUR DISTRICT-680 724.

     6      CENTRE OF INDIA TRADE UNIONS (CITU),
            RANDUKAI, REPRESENTED BY ITS SECRETARY, CHAIPANKUZHI P.O.,
            THRISSUR DISTRICT-680 724.


OTHER PRESENT:

            SRI. E.C. BINEESH - GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19563 OF 2021

                                    3




                                JUDGMENT

The petitioners say that they belong to the same family, which

owns 8 Acres of estate in Kuttichira Village, Thrissur. They say that

the rubber trees standing thereon have to be now cut and removed

for the purpose of re-plantation; but that this work has been

obstructed by respondents 3 to 6 and their men, saying that they

exclusively have the right to engage in such activities.

2. The petitioners say that they, therefore, preferred

Exts.P7 and P8 complaints seeking protection before 1 st and 3rd

respondents respectively, but that no action has been taken

thereon, thus constraining them to have approached this Court

through this writ petition.

3. Sri.E.C.Bineesh, learned Government Pleader, submitted

that, after the petitioners approached the police Authorities

through their requests and in obedience to the directions of this

Court in the interim order dated 20.09.2021, necessary protection

has already been afforded to them and that there have been no

instances of violation of law and order or breach of peace

subsequent thereto. He prayed that, therefore, this Court may

allow this writ petition confirming the interim order dated WP(C) NO. 19563 OF 2021

20.09.2021.

4. I notice from the file that even though summons have

been validly served on respondents 4 to 6 from this Court through a

messenger, and though they have accepted the same, they are

neither present in person nor represented through counsel; thus

inferentially guiding me to the impression that they have nothing to

offer in answer to the various allegations of the petitioners.

In the afore circumstances, I allow this writ petition and

confirm the interim order dated 20.09.2021; with a consequential

direction to the 3rd respondent - Sub Inspector of Police to ensure

that adequate and effective protection is afforded to the lives and

properties of the petitioners, as also to their workers, so as to

enable them to cut and remove trees and for re-plantation of the

Estate in terms of law.

Needless to say, the 3rd respondent will ensure that the law

and order in the area in question is always maintained and that no

breach of peace is committed by any person, including the party

respondents and their men.

Sd/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 19563 OF 2021

APPENDIX OF WP(C) 19563/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE TAX PAID RECEIPT DATED 01.07.2021.

Exhibit P2 TRUE COPY OF THE TAX PAID RECEIPT DATED 06.09.2021.

Exhibit P3 TRUE COPY OF THE TAX PAID RECEIPT DATED 06.09.2021.

Exhibit P4 TRUE COPY OF THE TAX PAID RECEIPT DATED 01.07.2021.

Exhibit P5 TRUE COPY OF THE TAX PAID RECEIPT OF THE ABOVE SAID PROPERTY DATED 01.07.2021.

Exhibit P6 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF THE PETITIONERS.

Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 10.09.2021 TO THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 02.09.2021 TO THE 3RD RESPONDENT.