Balakrishnan Nair, J.

The petitioner is a Public Limited Company. Hundreds of persons under the leadership of respondents 7 and 8 have encroached into a rubber estate of the petitioner company illegally. Though, police and other officials were moved, no help was forthcoming. Hence this writ petition, seeking a writ of mandamus to the police to extend help to the petitioner to evict the encroachers and for consequential relief’s.

2. The brief facts of the case as stated by the petitioner are the following: The petitioner company owns rubber and tea estates in various parts of Kerala and Tamil Nadu. In Pathanamthitta district in Kerala, it owns Kumbazha rubber estate, having an extent of 1048 hectares. Field No.9 of Kurumpatty division of the said estate is fully covered by rubber plants which are being tapped regularly. While so, at 10.30 p.m on 4.8.2007 several hundreds of people under the leadership of respondents 7 and 8 encroached into the said field No.99 of the estate and occupied the entire area. They encroachers are the members of Sadhu Jana Vimochana Samyukta Vedi, which according to the petitioner, is an unregistered organization. On coming to know of the encroachment, the Circle Inspector of Police, Pathanamthitta was informed. Though, the police reached the estate, for want of sufficient strength, they were unable to do anything. The Superintendent of Police was also informed, but he expressed his inability to interfere in the matter during the night. On the next day morning, it was found that the entire 107 acres of land in field No.99 was fully occupied by the encroachers. Regarding the encroachment, the Chief Minister, the Home Minister and the District Collector, Pathanamthitta were informed Ext.P1 is the representation dated 4.8.2007 submitted to the Chief Minister, the copies of which were forwarded to the Home Minister and Revenue Minister. Ext.P2 dated 4.8.2007, is the representation filed before the District Collector, who is also the District Magistrate. Ext.P3 representation was filed before the Inspector General of Police, Thiruvananthapuram Range. Ext.P4 is the representation before the Superintendent of Police a copy of which was marked to the I.G. of Police, Thiruvananthapuram Range also. Ext.P5 is the representation filed before the S.I of Police. With copy to the C.I. of Police.

3. When the workers of the estate assembled in the area and tried to persuade the encroachers. To go out, they were pelted with stones by the encroachers. A lady worker was injured and she was held captive by the encroachers. She was later released on the intervention of the police. When there was no response from the part of the authorities, the petitioner again addressed Ext.P6 representation dated 5.8.2007 to the Chief Minister. The Superintendent of Police was again moved by Ext.P7, copies of which were marked to the Home Minister and the I.G. of police, Thiruvananthapuram Range. A further representation Ext.P8 dated 5.8.2007 was sent to the District Superintendent of Police with copies with copies to the C.I of Police and the I.G of Police. In the meantime, the S.I of Police registered Crime No.601/2007 on 5.8.2007 against the activists of Sadhu Jana Vimochana Munnani for the offences under Section 143, 147, 149, 447 and 427 of the I.P.C. Newspapers reported about the encroachment. Exts. P10 and P11 are the reports which appeared in “The Hindu” daily dated 6.8.2007 and 7.8.2007 respectively.

4. Since the date of encroachment. The staff and workers of the petitioner are not able to enter into Field No.99 for tapping or other agricultural operations. Though some police force was sent to the area. They are remaining mute spectators of the illegal activities of the encroachers. The petitioner is unable to protect its property from the encroachment made by respondents 7 and 8 and their supporters. The lives of the employees of the petitioner are in grave danger. The actions of the encroachers are criminal offences. T