MATHEWS vs THE SUB INSPECTOR OF POLICE

The petitioners are before this Court with the following prayers:

"i) To issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to provide adequate and sufficient police protection to the life and properties of the petitioners and to their workers from the 2nd respondent and his men for the cultivation of pineapple saplings in 1st petitioner's 6 acres land in survey number 325/2, 325/3 and 325/5-1 of

Mezhuvelil village in Pathanamthitta district.

ii) To issue a writ of mandamus or other appropriate writ, order of direction directing the 1st respondent to consider Ext.P2 complaint and to take a lawful action

thereon against the 2nd respondent and his men.

And

iii) Grant such other reliefs that are found necessary by this Hon'ble Court in the facts and circumstances of the

case."

A counter affidavit has been filed by the second respondent pointing out that the petitioners are using objectionable pesticides, that too without any regard to the close proximity to St.John's MSC LP School at a distance of about 10m. It is also pointed out that, it is the duty of the officers of the Agricultural Department to ensure that no adverse activity is being pursued by the farmers like the petitioners, detrimental to the health of

the nearby inhabitants.

The learned Counsel for the petitioners submits that the petitioners are ready to comply with any condition to be imposed by the additional 3rd respondent who has been impleaded as per order dated 20.11.2017 in I.A.No.17684/2017. Reference is also made to Ext.P3 communication bearing No.E-1/2015 dated 18.8.2017 issued by the Additional 3rd respondent/Agricultural officer, adding that the petitioners will definitely comply with all the requirements and satisfy the conditions

stipulated for conducting the agricultural operation.

It is pointed out by the learned counsel for the party respondents, that the spraying of pesticides, if permitted during the school hours, will quite adversely affect the health of the students and staff/teachers. The learned counsel for the petitioners points out that no spraying of any pesticide is done or intended to be done; but for applying it directly on the bud, by a manual process. It is also stated that, the petitioners are ready to use only such chemicals/pesticides as prescribed by the Kerala Agricultural University and that the usage of such pesticides shall be in confirmity with the prescribed

dose.

The learned Government Pleader points out that, in so far as the petitioners confine the activity by using the permissible pesticides as prescribed by the Kerala Agricultural University and in the required dose, the

petitioners can be permitted to have the relief.

The learned counsel for the party respondents submits that, they have never taken the law into their

hands, but for raising their objection as to the undesirable activities in using the pesticides as mentioned above. This Court, under a similar circumstance, has passed a verdict on 20.10.2017 in W.P(C)No.30700/2017, whereby the writ petition was disposed of directing the Agricultural Officer to inspect the farm of the petitioners at least once in a month and to submit inspection reports to the Joint Director of Agriculture, Pathanamthitta to ensure that there is no deviation from the instructions given by the Agricultural Officer and on finding any deviation, he will be at liberty to issue necessary instructions to stop further farming activities. It was accordingly, that the writ petition was disposed of, observing that in the event of any obstruction to the farming operations, subject to the above requirements, the petitioners could report the matter to the Police who stand directed to grant adequate Police protection.

In the above circumstance, this Court finds it appropriate to make it clear that the petitioners shall use only pesticides prescribed by the Kerala Agricultural University, in the prescribed dose and that the same shall not be by spraying during the school hours ie; between 10 a.m to 4 p.m. The "undertaking" given by the learned counsel for the petitioners in this regard is recorded.

If at all there is any forcible obstruction from the part of the party respondents or anybody under them, it shall be reported to the Police; upon which adequate and effective protection shall be given to the petitioners to pursue the agricultural operations. The writ petition is disposed of.