P.K.ABOOBACKER Vs. DISTRICT POLICE CHIEF

JUDGEMENT

(1.) Petitioners in W.P.(C)3708/17 are the owners of 22 acres of land in Survey No.21/2, 37/6, 18/1, 37/6, 8 and 36/2 of Kuruva Village in Perinthalmanna Taluk. This land has been taken on lease by the petitioner in W.P.(C)6994/17 for pineapple cultivation as an inter crop among the rubber saplings. In these writ petitions, it is alleged that the party respondents are obstructing the pineapple cultivation on the mere apprehension that the lessee might use harmful pesticides, insecticides and weed killers causing pollution to the environment and water. According to the petitioners, there is no foundation at all to the said apprehension and they do not intend to use pesticides, insecticides and weed killers other than those which are approved by the Pineapple Research Centre under the Kerala Agricultural University. 2. The fifth respondent in W.P.(C)3708/17 has filed a counter affidavit where he reiterated the aforesaid apprehension and respondents 4 and 5 in W.P.(C)3708/17, who are also impleaded in W.P.(C)6994/17 and are represented by counsel, also voiced before this court the very same apprehension. 3. If as apprehended by the party respondents, the unauthorised pesticides, insecticides and weed killer are used in the pineapple cultivation, that can certainly be harmful to the environment and the people in the locality. However, the petitioners have undertaken before this court that they shall use only those pesticides, insecticides and weed killers which are approved by the Pineapple Research Centre under the Kerala Agricultural University. 4. In such a situation, the mere apprehension entertained by the party respondents, who are residents of the neighbourhood, or the possibility that the petitioners may misuse the permissions that are granted to them cannot be a ground for causing any obstruction to the activity of the petitioner in W.P.(C)6994/17 so long as the same is legal and legitimate. 5. In such circumstances, we dispose of this writ petition with the following directions. 6. The petitioner in W.P.(C)6994/17 should submit a list of pesticides, insecticides and weed killers which he intends to use in the property in question to the Principal Agricultural Officer, Malappuram. Only after giving such intimation, the pesticides, insecticides and weed killers be used in the land in question. It is made clear that in the event any of the item contained in the list submitted by the petitioner or weed in the land is an objectionable one, the Principal Agricultural Officer shall prevent the petitioner from carrying on any activity in the land in question. Subject to the above, in the event any obstruction is caused either the party respondents or their men, it would be open to the petitioner herein to notify the same to the Circle Inspector of Police, Perinthalmanna or the Sub Inspector of Police, Kolathur who thereupon shall do the needful to enable the petitioners to carryout agricultural activities. In order to ensure compliance with the above, it is also directed that the Principal Agricultural Officer or the Agricultural Officer concerned shall conduct periodical inspection of the activity carried out by the petitioner. 7. Writ petitions are disposed of as above.