PUTHIYA VEETIL BALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners claim to be owners of an extent of 4.2008 hectars (about 10 acres ) of land, comprised of in Sy.No.67/101 of Kolachery Desom of Taliparamba Taluk. According to them they purchased the property under Ext.P1 and have transferred its registry to their names as per Ext.P2. They say that they had purchased the property for the purpose of converting it into an organic farm and that the property is not included as a wet land. They also say that they have obtained a loan of Rs. 10 lakhs for the purpose of converting it into an organic farm and that for the said purpose they have constructed small buildings to accommodate their workers.

(2.) The petitioners allege that the respondents 6 to 13 are obstructing their activities in the property in question baselessly asserting that there is a water spring underground this property and that it is an ecologically fragile and sensitive area. The petitioners say that these obstructions caused by the respondents 6 to 13 are illegal and unlawful and that the police have a duty to take action against such illegal acts of the afore respondents.

(3.) When we considered this writ petition on 007.2018, we noticed that the petitioners have approached this Court without first approaching the concerned police officials seeking protection. Normatively, an application for protection is first made before the police officials and it is only when no action is forthcoming from them as enjoined in law, that a writ petition seeking police protection order is filed.