Kerala High Court
Suresh M.S vs The State Police Chief on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 23993 OF 2021
PETITIONERS:
1 SURESH M.S., MECHERILHOUSE, ARAKULAM.P.O,
IDUKKI-685591.
2 SIVARAMAN.M.A, MECHERIL HOUSE, ARAKKULAM.P.O,
IDUKKI-685591.
BY ADVS.
V.KRISHNA MENON
P.VIJAYAMMA
J.SURYA
PRINSUN PHILIP
RESPONDENTS:
1 THE STATE POLICE CHIEF
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT POLICE CHIEF,
ERNAKULAM-682011.
3 THE CIRCLE INSPECTOR OF POLICE
KALAMASSERY POLICE STATION, KALAMASSERY-683104.
4 THE DISTRICT POLICE CHIEF,
PATHANAMTHITTA -689645.
5 THE CIRCLE INSPECTOR OF POLICE
PAMPA POLICE STATION, PATHANAMTHITTA DISTRICT-689662.
6 SURENDRAN THARAYIL, MATHER SILVER LAWNS APARTMENTS,
PHASE-II, FLAT NO.4B, MAROTTICHODU,EDAPPALLY.P.O,
KOCHI-682024, NOW RESIDING AT NO.8, ASTA VILLA,
THOPPIL ROAD, VAZHAKALA, KOCHI-682021.
SRI.E.C .BINEESH.G.P
WPC 23993/21
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 23993/21
3
JUDGMENT
The petitioners have approached this Court
alleging that the 5th respondent - Circle
Inspector of Police, is harassing them under the
influence of the 6th respondent. They, therefore,
pray that the said respondent be directed not to
intervene in the disputes between them and the 6 th
respondent, which they assert are purely in the
realm of Civil Law, alleging that they are being
now illegally compelled to pay certain sums to the
6th respondent.
2. Sri.E.C.Bineesh - learned Government
Pleader appearing on behalf of the official
respondents, submitted that no harassment has been
meted out, as alleged by the petitioners; and that
the Police was only investigating a complaint
preferred by the 6th respondent. He added that, on
investigation, Police have found that the disputes
between the parties come within the umbra of Civil
WPC 23993/21
Laws and therefore, that the petitioners have not
been arrayed as accused and no further
investigation is being carried out. He, therefore,
prayed that this Writ Petition be dismissed.
3. When I hear the learned Government
Pleader as afore, it is clear that, as at present,
the petitioners are not accused in any crime nor
is any investigation being carried on against
them. Obviously, therefore, their apprehension of
harassment at the hands of the 5th respondent does
not appear to be relevant.
Nevertheless, since the petitioners apprehend
that they are likely to be harassed in future
also, I order this writ petition recording the
afore submission of the learned Government
Pleader; with a further direction to respondents 3
and 5 to summon the petitioners to any Police
Station, with respect to any complaint filed or to
be filed by the 6th respondent against them, only
after issuing them a notice under Section 41A of
WPC 23993/21
the Cr.P.C.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 23993/21
APPENDIX OF WP(C) 23993/2021
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE PARTNERSHIP DEED DATED
5.11.2013 OF SSA ENTERPRISES.
Exhibit P2 A TRUE COPY OF THE PARTNERSHIP DEED
DATED 23.1.2016
Exhibit P3 A COPY OF THE PARTNERSHIP DEED OF SWAM
AYYAPPA ENTERPRISES DATED 24.10.2014.
Exhibit P4 A COPY OF THE RECONSTITUTED PARTNERSHIP
DEED 11.8.2015
Exhibit P5 A COPY OF THE LAWYER NOTICE DATED
4.8.2021
Exhibit P6 A COPY OF THE REPLY DATED 11.9.2021
Exhibit P7 A COPY OF THE LAWYER NOTICE DATED
4.8.2021
Exhibit P8 A COPY OF THE REPLY DATED 11.9.2021
Exhibit P9 A COPY OF THE COMPLAINT PETITION DATED
11.8.2021 SUBMITTED BY THE SIXTH
RESPONDENT BEFORE THE COMMISSIONER OF
POLICE, KOCHI.
