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Joseph vs State Of Kerala

High Court Of Kerala|19 December, 2014
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JUDGMENT / ORDER

Shaffique, J.
Petitioner has approached this Court seeking for police protection for conducting fish farming in the property. It is alleged that he is engaged in prawn cultivation in about 3 acres of land which is being obstructed by party respondents 5 and 6. The allegation is that respondents 5 and 6 have entered into the farm and had taken fish when it was ripe for harvest. Though the petitioner had filed a complaint, no action has been taken by the Police. Hence he has approached this Court.
2. Counter affidavit has been filed by respondents 5 and 6 inter alia stating that the petitioner is not doing any cultivation in the paddy field, whereas he does only fish cultivation. According to the respondents, the petitioner has to cultivate paddy and fish under the Scheme “one fish and one seed”. According to the respondents, they did not create any physical obstruction, but they have only taken up the matter before the competent authorities to interfere in the matter.
3. A statement has been filed by the 4th respondent inter alia stating that a complaint has been lodged by the petitioner WP(C) No. 23627 of 2013 -:2:-
on 23.07.2013 alleging interference by the 5th respondent in the fish cultivation being done by him. A crime has been registered and investigation is in progress. It is further stated that the District Collector by order dated 27.03.2013 stated that the Government has declared that all padasekharam in Ezhupunna Panchayat is to be utilised for the purpose of paddy cultivation and fish cultivation in the alternative periods. Further it is stated that the petitioner is not cultivating paddy and evenafter the tenure, the petitioner's fish farming is continuing. Further it is stated that as matter stands now, there is no law and order situation.
Having regard to the present factual situation, we do not think that any reliefs as prayed for can be granted. Hence the Writ Petition is closed.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/22/12 WP(C) No. 23627 of 2013 -:3:-
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Title

Joseph vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
19 December, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Sri Sibi Thomas
  • Jacob Sri Sajiv
  • C K