High Court of KeralaSingle JudgeDisposed of with directions to the parties

Aneesh S.S v State of Kerala and others

Case / Petition Number:WP(C) No. 25738 of 2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. Kunhikrishnan
Judgment Date
2023-08-09
Court Decision / Holding
Disposed of with directions: (i) The government pleader’s submission that there is no threat to life from the fifth respondent is recorded; (ii) If there is any threat, the petitioner may file a complaint before the fourth respondent who will take necessary measures to ensure no threat; however, the police shall not interfere in the money transaction between the petitioner and the fifth respondent, and the fifth respondent is free to pursue civil remedies in the competent Civil Court.
Final Disposition
Disposed of with directions to the parties

Parties to the Case

Appellants / Petitioners

  • Aneesh S.S.

Respondents

  • State of Kerala represented by the Secretary, Department of Home Affairs, Thiruvananthapuram
  • Director General of Police (State Police Chief), Police Headquarters, Thiruvananthapuram
  • District Police Chief, Thiruvananthapuram - Rural, University of Kerala Senate House Campus, Palayam
  • Station House Officer, Naruvamoodu, Pallichal
  • Jojo Kurishinkel, Owner of Kurishinkel Films, Ernakulam Taluk

Legal Representation & Advocates

Counsels for Petitioners

  • • Adv. V.G. Arun
  • • Adv. V. Jaya Ragi R. Harikrishnan (Kambisseril)
  • • Adv. Neeraj Narayan
  • • Adv. Avaneeth S.R.
  • • Adv. Bharath Vijayan
  • • Adv. U.R.

Counsels for Respondents

  • • Adv. Sri. B.S. Syamantak, GP

Case Synopsis & Summary

The petitioner, Aneesh S.S., seeks mandamus and related directions to ensure police protection for his life and that of his family at both home and workplace due to alleged threats from the fifth respondent arising from a financial dispute. He also prays to prevent any misadventure by the fifth respondent or his men at his workplace in Punnamood, Thiruvananthapuram, and to safeguard his ability to pursue his livelihood without fear. The petition also requests directives to prevent interference in the money transaction with the fifth respondent and to permit relief through civil remedies, including waiving the requirement for English translation of vernacular documents where necessary. The government pleader submits that police inquiries found a financial dispute and directs the parties to resolve the matter in civil court, while the fourth respondent warned the fifth respondent to refrain from threats. After hearing, the court disposes of the petition with directions: to accept that there is no ongoing threat, but to allow the petitioner to file a complaint if such threats recur; police shall refrain from interfering in the monetary transaction; the fifth respondent may pursue civil remedies in the appropriate forum. The order emphasizes protection of life and liberty while preserving civil remedies for the money dispute.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that there is a credible threat to his life and to the safety of his family from the fifth respondent in connection with a monetary transaction. He prays for immediate police protection at his residence and at his workplace (Punnamood, Thiruvananthapuram) to deter any misadventure. He seeks to prevent any interference or threats at his workplace and to ensure he can carry on his business without fear. He requests mandamus relief and the dispensation of English translations of vernacular documents if necessary. He contends that mere civil remedies may be insufficient to prevent imminent harm and that security is essential for life and limb. He relies on the factual matrix of alleged threats arising from the financial dispute and asserts urgency in securing protection.

Contentions of Respondents

The Government Pleader submits that police inquiries revealed a financial dispute between the petitioner and the fifth respondent and directs the parties to approach the Civil Court. The fourth respondent warned the fifth respondent to desist from threats. It is argued that no imminent threat exists; accordingly the writ petition should be closed, while preserving resort to civil remedies for the monetary dispute.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 9[TH] DAY OF AUGUST 2023 / 18TH SRAVANA, 1945** ## **WP(C) NO. 25738 OF 2023** ## **NAME AND ADDRESS OF THE PETITIONER:** ANEESH S.S AGED 35 YEARS S/O. SAHADEVAN, K.S SADHANAM, PUNNAMOOD, PALLICHAL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM, PIN - 695020 BY ADVS. V.G.ARUN (K/795/2004) V.JAYA RAGI R.HARIKRISHNAN (KAMBISSERIL) NEERAJ NARAYAN AVANEETH S.R. BHARATH VIJAYAN U.R. ## **NAME AND ADDRESS OF THE RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF), POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010 3 THE DISTRICT POLICE CHIEF THIRUVANANTHAPURAM - RURAL, OFFICE OF THE DISTRICT POLICE CHIEF, UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, PALAYAM, THIRUVANANTHAPURAM, KERALA, PIN - 695033 4 STATION HOUSE OFFICER NARUVAMOODU, VELLAPALLY MUKKAMPALAMOODU RD, PALLICHAL, THIRUVANANTHAPURAM, PIN - 695528 5 JOJO KURISHINKEL OWNER OF KURISHINKEL FILMS, EDAPALLY, WP(C) NO.25738 OF 2023 2 ERNAKULAM TALUK, ERNAKULAM, PIN – 682024 BY ADV. SRI.B.S.SYAMANTAK, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.25738 OF 2023 3 **P.V.KUNHIKRISHNAN, J. -----------------------------W.P.(C) No.25738 of 2023 ---------------------------------------------Dated this the 09[th] day of August, 2023** ## **JUDGMENT** The above writ petition is filed with the following prayers: _“i. Issue a writ of mandamus or any such other writ direction or order commanding the respondents 2 to 4 to grant adequate police protection to the life and limb of the petitioner and his family members._ _ii. Issue a writ of mandamus or any such other writ direction or order commanding the respondents 2 to 4 to grant adequate police protection to the life and limb of the petitioner at his work place at Punnamood, Thiruvananthapuram_ _iii. Issue a writ of mandamus or any such other writ or direction or order commanding the_ WP(C) NO.25738 OF 2023 4 _respondents 2 to 4 to prevent any misadventure or disturbances by the 5[th] respondent or his men against the petitioner at his work place at Punnamood, Thiruvananthapuram_ _iv. Issue a writ of mandamus or any such other writ or direction or order commanding the respondents 2 to 4 to prevent any misadventure by the 5[th] respondent or his men against the petitioner and his family._ _v. Pass such any other direction, order or reliefs, as this Hon'ble Court may deem fit in the interest of justice, equity and good conscience._ _vi. This Hon’ble Court may be pleased to dispense with the filing of the English Translation of the vernacular documents filed in this Writ Petition on such terms and conditions as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case.”[SIC]_ 2. The main grievance of the petitioner is that there is threat to the life of the petitioner from the 5[th] respondent. It is admitted by the WP(C) NO.25738 OF 2023 5 petitioner that there is some money transaction between the petitioner and the 5[th] respondent. In connection with the same, there is threat to the life of the petitioner, is the submission. Hence this writ petition is filed. 3. Heard the learned counsel appearing for the petitioner and the learned Government Pleader. No notice is necessary to the 5[th] respondent at this stage and if he is aggrieved by any of the directions issued by this Court, he is free to file a Review Petition before this Court. 4. The Government Pleader after getting instructions submitted that the police enquired the matter and found that there is some financial dispute between the petitioner and the 5[th] respondent and the parties are directed to approach the Civil court. The Government 6 WP(C) NO.25738 OF 2023 Pleader also submitted that the 4[th] respondent warned the 5[th] respondent, not to cause any threat to the life of the petitioner. In the light of the same, nothing survives in this case. Recording the above submission, this writ petition can be closed. Therefore, this writ petition is disposed of with the following directions: i. The submission of the Government Pleader that there is no threat to the life of the petitioner from the 5[th] respondent is recorded. ii. If there is any threat to the life of the petitioner from the 5[th] respondent, the petitioner is free to file a complaint before the 4[th] respondent and the 4[th] respondent will do the needful to see that there is no threat to the life of the petitioner. But I make it clear WP(C) NO.25738 OF 2023 7 that the police shall not interfere in the money transaction between the petitioner and the 5[th] respondent and the 5[th] respondent is free to agitate the same before the competent Civil court. Sd/- DM **P.V.KUNHIKRISHNAN JUDGE** WP(C) NO.25738 OF 2023 8 ## **APPENDIX OF WP(C) 25738/2023** ## PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE STATION HOUSE OFFICER, NARUVAMOOD DATED 20.07.2023 EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL DATED 22.07.2023 EXHIBIT P3 THE TRUE COPY OF ACKNOWLEDGEMENT RECEIPT ISSUED BY OFFICE OF THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL DATED 22.07.2023 EXHIBIT P4 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE DIRECTOR GENERAL OF POLICE, KERALA DATED 22.07.2023 EXHIBIT P5 THE TRUE COPY OF ACKNOWLEDGEMENT RECEIPT ISSUED BY THE POLICE HEAD QUARTERS THIRUVANANTHAPURAM DATED 22.07.2023 EXHIBIT P6 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE OFFICE OF THE CHIEF MINISTER, KERALA DATED 22.07.2023 EXHIBIT P7 THE TRUE COPY OF ACKNOWLEDGEMENT WP(C) NO.25738 OF 2023 **==> picture [7 x 10] intentionally omitted <==** RECEIPT ISSUED BY THE OFFICE OF THE CHIEF MINISTER, KERALA DATED 22.07.2023 RESPONDENTS EXHIBITS :NIL //TRUE COPY// PA TO JUDGE