PLAMOODU SHUDHAJALA VITHARANA SAMITHI Vs. SUB INSPECTOR OF POLICE EAST POLICE STATION, KOTTAYAM - 686 002 ; PANACHIKAD GRAMA PANCHAYAT AND ORS

JUDGEMENT

(1.) The petitioner claiming to be a Samithi, formed for the purpose of constructing a pond near a paddy filed, has approached this Court seeking for police protection. It is inter alia stated that the petitioner is the Secretary of the Beneficiary Committee formed for the purpose of providing potable water to the beneficiaries of the 'Plamoodu Shudhajala Vitharana Samithi'. It is stated that the pond is being constructed with public funds and there is attempt on the part of respondents 4 to 9 and their men in constructing the pond. Though a complaint was given to the police, no action has been taken in the matter and hence, this writ petition is filed seeking for police protection.

(2.) Counter affidavit has been filed by respondents 4 to 9 inter alia stating that pond is constructed only in an extent of about two cents of land, which forms part of a larger extent of 'padashekaram' having an extent of 4.83 Acres. The pond is supposed to be for the benefit of the people in Ward No.21, though the construction is in Ward No.20.

(3.) Learned Government Pleader on instructions would submit that as far as the pond is concerned, on enquiry by the police it was understood that the people in the locality have no objection in construction of the pond as the same is constructed only in an extent of two cents of land, that too, in a corner of the 'padashekaram'. However, as far as the other reclamations with reference to paddy field are concerned, the people in the locality have objected the same and still, there is opposition from the people in the locality in reclaiming the portions of the other paddy land.