Raji S. and Anil Kumar v. State of Kerala and Others

## **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 9[th] 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 3[rd] and 4[th] 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. 4 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 4[th] respondent to maintain law and order. 3. Along with the memo filed by the learned Senior Government Pleader, the statement of the 4[th] 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 5 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, welltrained 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 6 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 9[th] 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 7 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 3[rd] 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 3[rd] 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 3[rd] 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 8 Grama Panchayath or the additional 9[th] 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 9 ## **APPENDIX** ||**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.**| |**RESPONDENT'S/S**|**EXHIBITS:**<br> **NIL.**|