Aneesh S.S v State of Kerala and others
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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