Ramachandra Menon, J.
Petitioner is an association of farmers/fish cultivators, who own private lands and are pursuing fishing operation in the said properties. According to the petitioner, rights and interests being enjoyed by the members of the petitioner's association were sought to be intercepted by the 4th respondent and persons under the said Union. It is contended that the 4th respondent and the members of the said Union do not have any right to intercept the enjoyment of the property owned by the petitioner/members. In furtherance to the steps being taken by the petitioner to have their rights established, as a measure of retaliation, some highhanded action was pursued by the persons under the 4th W.P.(C) No. 29409 of 2012 : 2 :
respondent; as a result of which, a flock of fish was found dead 05.12.2012. Though the petitioner approached the police, seeking for immediate intervention and to render necessary police protection to the petitioner and its members for carrying out fish cultivation and also to save their life, it has not turned to be fruitful. The lethargy on the part of the police made the petitioner to approach this Court by filing this writ petition.
2. During the course of hearing, the petitioner sought to amend the writ petition by filing I.A. No. 4698 of 2013, which was allowed as per order dated 03.04.2013. On going through the pleadings and materials on record, it is seen that almost two years are over after filing the writ petition. No untoward incident, but for the alleged incident which occurred on 05.12.2012, has been brought to the notice of this Court. Nor is there any case for the petitioner association, that they have brought such incident to the notice of the police, seeking police protection.
W.P.(C) No. 29409 of 2012 : 3 :
3. After hearing both the sides, including the learned Government Pleader, this Court finds that there is no threat to the law and order situation as on this date. This is not a fit case to deal with the alleged cause of action, which by itself has become stale. In the said circumstances, writ petition is closed, without prejudice to the rights and liberties of the petitioner to approach this Court as and when necessitated.
Sd/-
MANJULA CHELLUR, (CHIEF JUSTICE) Sd/-
P. R. RAMACHANDRA MENON, (JUDGE) kmd