JUDGMENT

The petitioner, who is a lessee of 5 acres 53 cents of land in Sy.No.153 of Karakurussi Village in Mannarkkad Taluk in Palakkad District covered by Ext.P1 lease agreement dated 26.12.2020, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to provide adequate and effective police protection for conducting pineapple cultivation in the property covered by Ext.P1 lease agreement and to avert the threat caused by the 4th respondent and their men. The grievance of the petitioner is against the obstruction alleged to have been caused by the 4th respondent, in the petitioner conducting pineapple cultivation in the property in question, alleging that the petitioner will use pesticides for pineapple cultivation. According to the petitioner, he will use only permitted pesticides and fertilizers for cultivation of pineapple. The petitioner approached the 3rd respondent Agricultural Officer, to give necessary instructions in the matter. The 3rd respondent vide Ext.P2 communication dated 01.12.2020 informed the petitioner that he can use only the pesticides approved by the Kerala Agricultural University and that, by using such pesticides no health problems will be caused to the neighbours. The petitioner submitted Ext.P3 complaint dated 27.12.2020 before the 1st respondent seeking police protection for pineapple cultivation, from any obstruction from the side of the 4th respondent and others. 2. On 05.01.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 to 3. Urgent notice on admission by special messenger was ordered to the 4th respondent, returnable by 11.01.2021. The learned Government Pleader was directed to get instructions from respondents 2 and 3.

3. On 11.01.2021, when this writ petition came up for consideration, the learned Government Pleader pointed out the guidelines issued by the State Government in the matter of pineapple cultivation, which is one dated 17.08.2020. A copy of the guidelines is placed on record along with a memo filed by the learned Government Pleader dated 12.01.2021.

4. The petitioner has filed reply affidavit dated 20.01.2021.

Paragraphs 2 and 3 of the reply affidavit read thus:

“2. The above writ petition is filed seeking police protection for pineapple cultivation. Along with the memo, the Government Pleader dated 17.08.2020 prescribing the guidelines in respect of the pineapple cultivation is produced. Appendix II of the Government order enlisted the list of Agro Chemicals recommended by the Government for pineapple cultivation. I am intending to use the following:

a. Herbicides Diuron:-(As per the dosage suggested in Appendix II)

b. Fungicides:

Bordeauxmixture (As per the dosage suggested in Appendix II)

c. Insecticides:

Quinalphos or Chlorpyriphos or dimthoate (As per the dosage suggested in Appendix II)

d. Hormone:

Ethephone (As per the dosage suggested in Appendix II)

3. I further undertake that I will not use, any chemicals which is not recommended in the Government order and Appendix II for cultivating pineapple.”

5. Along with the memo filed by the learned Government Pleader dated 23.01.2021, the report of the 2nd respondent Sub Inspector of Police, Mannarkkad Police Station is placed on record.

Paragraphs 2 and 3 of that report read thus:

“2. It is submitted that some residents near the said plot on the leadership of 4th respondent prevented the petitioner from effecting agricultural operations alleging that pesticides will be used for effecting pineapple cultivation which is hazard to the nearby residents. On enquiry it is revealed that the residents of Kundukandam, Pallikkuruppu is not allowing the petitioner to cultivate pineapple in the said area. If the petitioner start his pineapple cultivation, these will be a law and order issue in the area between the petitioner and the residents of Kundukandam.

3. It is submitted that at present there