The court held that police protection must be provided to a landowner to carry out lawful activities, such as removing trees with valid permission, when obstructed by private entities demanding illegal protection money.

PRAYER:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 07.10.2025 and thereby grant adequate police protection to cut and remove the trees belongs to the petitioner in Rsy No.199/5A1 in Kadayalmoodu village, Vilavancode Taluk, Kanyakumari District and to take appropriate action against the wrong doers.

For Petitioner : Mr.G.Cenil

For Respondents : Mr.A.S.Abul Kalaam Azad

No. 1 and 2 Government Advocate (crl. Side)

ORDER

This Writ Petition has been filed to direct the respondents 1 and 2 to consider the petitioner's representation dated 07.10.2025 and thereby grant adequate police protection to cut and remove the trees belongs to the petitioner in Rsy No.199/5A1 in Kadayalmoodu village, Vilavancode Taluk, Kanyakumari District and to take appropriate action against the wrong doers.

2. The petitioner who is the owner of the rubber plantation in R.sy No. 199/5A1 in Kadayalmoodu village, Vilavancode Taluk, Kanyakumari District intended to remove the old rubber trees and re-plant the same. The property of the petitioner has been notified as Private forest under the Preservation of the Private Forest Act, 1949 . The petitioner had obtained permission from the Committee under the above act. On 25.09.2025 when the petitioner intended to cut the trees the employees of respondents 3 to 7 came and objected demanding money in the name of head load workers fees for allowing the petitioner to cut the trees using his employees. Hence sought for police protection so that the work is not obstructed. The employees of the petitioner are also fearing assault at the hands of the private respondents. The private respondents are using force and demanding protection money, hence sent a complaint, but no action has been taken, hence the present petition has been filed. The petitioner has also produced the copy of the order passed by the District Collector and President of the District Forest Committee had granted permission for the petitioner to cut the old rubber tress and remove the same.

3. The learned Additional Public Prosecutor submitted that if the private respondents demand any such protection money or obstruct the petitioner from employing his own employees to cut and remove the rubber plants which is against law. The second respondent will ensure that the cutting and removing of the trees by the own employee of the petitioner is not obstructed and the respondent police will not allow any arm twisting method or show any force and thereby violating law will not be permitted in any manner.

4. In view of the same, this Court direct the first respondent to ensure and depute adequate police force to the second respondent so that the petitioner herein can remove the old rubber plants and re-plant new rubber plants

5. With the above direction the Writ Petition stands disposed of. No costs.