Kerala High Court
M.K. Pradeep vs State Of Kerala on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
WP(C) NO. 14844 OF 2022
PETITIONERS:
1 M.K. PRADEEP
AGED 57 YEARS
S/O. KARTHIKEYAN, RESIDING AT MOOTHEDATH HOUSE,
PARAVOORTHARA, MUNICIPAL LIBRARY ROAD, NORTH PARAVOOR
P.O., ERNAKULAM-683513
2 MINI PRADEEP,
AGED 52 YEARS
W/O. PRADEEP, RESIDING AT MOOTHEDATH HOUSE,
PARAVOORTHARA, MUNICIPAL LIBRARY ROAD,
NORTH PARAVOOR P.O., ERNAKULAM--683513.
BY ADVS.
K.C.ELDHO
S.BIJILAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT DEPARTMENT OF
HOME AFFAIRS, GOVERNMENT SECRETARIAT TRIVANDRUM-695001
2 THE STATION HOUSE OFFICER
NORTH PARAVOOR POLICE STATION, NORTH PARAVOOR-683513
3 PG SURESH,
AGED 59 YEARS
S/O. GOPALAN, NELLIPPILLY PADANJARAU HOUSE, KAITHARAM PO,
KOTTUVALLI PANCHAYATH, ERNAKULAM DISTRICT-683519
4 N. S MANOJ, AGED ABOUT 49,
S/O. SUBRAN, NELLIPPILLY PADANJARAU HOUSE, KAITHARAM PO
KOTTUVALLI PANCHAYATH, ERNAKULAM DISTRICT-683519.
5 SIVAN,
WP(C) NO. 14844 OF 2022 2
AGED 45 YEARS
S/O. KRISHNAN KUTTY, MAPPILAPARAMBIL HOUSE, KAITHARAM PO,
KOTTUVALLI PANCHAYATH, ERNAKULAM DISTRICT-683519.
6 RETHEESH,
AGED 38 YEARS
S/O. PAUTHARAN, KOYANGAPILLIL HOUSE, KAITHARAM PO
KOTTUVALLI PANCHAYATH, ERNAKULAM DISTRICT-683519.
OTHER PRESENT:
T.K.SHAJAHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14844 OF 2022 3
JUDGMENT
This writ petition is filed seeking the following reliefs:-
a) To issue a writ of mandamus or any other
appropriate writ order or direction compelling the 2 nd
respondent to provide adequate and effective police
protection to the petitioners for conducting fish farming
as per Exhibit P3 licence in the property of the petitioners
in survey No.329/1A as against the illegal and high
handed act of the respondents 3 to 6 and their men.
b) Issue a writ of mandamus or any other
appropriate writ order or direction compelling the 2 nd
respondent to conduct investigation on exhibit P4
complaint and take action in the matter within a time
limit stipulated by this Hon'ble court.
2. Heard the learned counsel for the petitioners and the
learned Government Pleader.
3. Though notice has been duly served on the
respondents 3 to 6, there is no appearance for the said
respondents today.
4. An interim order had been rendered on 29/4/2022
granting protection to the petitioners as against respondents 3 to
6 and their men for conducting fish farming as per Ext.P3 licence
in their property.
5. The learned Government Pleader submits that on the
complaint raised by the petitioners, a criminal case has been
registered against respondents 3 to 6.
In the above view of the matter, this writ petition is disposed
of with the direction that in case of any overt act by respondents
3 to 6, the petitioner may approach the 2nd respondent, who shall
afford adequate protection to the life of the petitioners and for
conducting fish farming on the strength of proper and valid
licences.
Sd/-
ANU SIVARAMAN
JUDGE
ska
APPENDIX OF WP(C) 14844/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE TAX RECEIPT OF THE
PETITIONERS SHOWING THE PROPERTY IN THEIR
NAMES
Exhibit P2 A TRUE COPY OF THE FISH FARMING LICENCE ISSUED
TO THE PETITIONERS IN THE NAME OF THE SECOND
PETITIONER FOR THE PERIOD 2021-22
Exhibit P3 A TRUE COPY OF THE LICENCE ISSUED TO THE
PETITIONERS FOR THE PERIOD 2022-2023
Exhibit P4 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
1ST PETITIONERS ON 17/4/2022 BEFORE THE 2ND
RESPONDENT
Exhibit P5 A TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT
ISSUED BY THE 2ND RESPONDENT FOR THE COMPLAINT
SUBMITTED BY THE 1ST PETITIONERS DATED
17/4/2022
Exhibit P6 TRUE COPY OF THE FIR IN CRIME NO. 514/2022
DATED 10/05/2022 IN THE NORTH PARAVUR POLICE
STATION
Exhibit P7 TRUE COPY OF THE COMPLAINT DATED 19/05/2022
SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND
RESPONDENT
Exhibit P8 TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED
19/05/2022
