WP(C) NO. 12210 OF 2025 1 2025:KER:27755 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 12210 OF 2025 PETITIONER: ELAMKULAM KARSHAKA SAMATHI OLAVIPU P.O., THALIYAPARAMBU, PANAVALLI, CHERTHALA, PIN CODE: 688 526 REPRESENTED BY ITS SECRETARY MR. BIPINCHANDRALAL, AGED : 61 YEARS, S/O P.K. RAGHAVAN, VELIYIL OLAVIPU P.O., THALIYAPARAMBU, PANAVALLI, CHERTHALA, PIN - 688526 BY ADVS. SRI.THOMAS JACOB SRI.E.S.RAJESH RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT POLICE CHIEF ALAPPUZHA ALAPPUZHA DISTRICT ., PIN - 688001 3 THE INSPECTOR OF POLICE POOCHAKAL POLICE STATION, ALAPPUZHA, PIN - 688526 4 MR. BIJU AGED 40 YEARS, S/O KARUNAN, PALACKAL LAKSHYAMVEEDU, PANAVALLI P.O., POOCHAKAL, ALAPPUZHA., PIN - 688526 5 MR. ANU AGED 40 YEARS, S/O UTTAMAN, KOCHUCHALIL HOUSE, ULAVAIPU P.O., POOCHAKAL, ALAPPUZHA, PIN - 688526 BY SRI.AJITH VISWANATH, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12210 OF 2025 2 2025:KER:27755 JUDGMENT Dated this the 01st day of April, 2025 The writ petition is filed to direct the respondents 2 and 3 to afford adequate police protection to the life of the members of the petitioner for the purpose of carrying on the agricultural activities, including for putting-up of plank on the water channel to drain out salt water from the fields and prepare the fields for cultivation. 2. The petitioner is an association of farmers. They are carrying out agricultural operations in their respective properties. In 2021, it was found out during the fish farming, excessive salt water had entered into their fields. The petitioner has submitted Ext.P2 complaint to the 3rd respondent and Crime No.80/2025 was registered against unknown persons. The petitioner had also submitted Ext.P3 representation before the WP(C) NO. 12210 OF 2025 3 2025:KER:27755 Minister of Agriculture. Pursuant to a General Body Meeting held on 07.03.2025, the petitioner laid planks on the sluice for prevention of excessive salt from entering in the paddy fields. At that that time, the respondents 4 and 5 have threatened the members of the petitioner. They have threatened to cause harm to the members of the petitioner. The action of the respondents 4 and 5 is illegal and high-handed. Even though the petitioner complained about the same to the 2nd respondent, no action has been taken in the matter. Hence, the writ petition. 3. Heard; the learned counsel for the petitioner and the learned Government Pleader. 4. The learned Government Pleader submitted that, there are certain dispute between the members of the petitioner and the persons who are owing allegiance to the respondents 4 and 5. The dispute is civil in nature. However, the 3rd respondent has registered a crime in connection with the untoward incidents that have occurred in the properties. WP(C) NO. 12210 OF 2025 4 2025:KER:27755 5. On a consideration of the facts and the materials on record, I am of the view that the 3rd respondent is to be directed to ensure that law and order is to be maintained in the petitioner’s property, without interfering in any civil dispute between the petitioner and the party respondents. In the said circumstances, I direct the 3rd respondent to ensure that law and order is maintained in the petitioner’s locality, without interfering in any civil dispute between the petitioner and the party respondents. The writ petition is ordered accordingly. Sd/- C.S.DIAS JUDGE NAB WP(C) NO. 12210 OF 2025 5 2025:KER:27755 APPENDIX OF WP(C) 12210/2025 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER’S ASSOCIATION DATED 31/05/2017 EXHIBIT P2 A TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER ON 03/02/2025 TO THE 3RD RESPONDENT EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER ON 05/02/2025 TO THE HON’BLE MINISTER OF AGRICULTURE, EXHIBIT P4 A TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER ON 15 /03/2025 TO THE 3RD RESPONDENT EXHIBIT P5 A TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER ON 19/03/2025 ALONG WITH THE RECEIPT TO THE 3RD RESPONDENT EXHIBIT P6 A TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER ON 20/03/2025 TO THE 2ND RESPONDENT