Suma vs The State Of Kerala
2022 Latest Caselaw 611 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                     WP(C) NO. 28451 OF 2021
PETITIONERS:
     1     SUMA,
           AGED 50 YEARS
           W/O.STEPHEN, MANAGING PARTNER, AADAM EXPORTS, MUNAMBAM,
           KOCHY, ERNAKULAM-683 515.
    2     HARIDAS,
          AGED 49 YEARS
          S/O.BHASI, PARTNER, AADAM EXPORTS, MUNAMBAM, KOCHY,
          ERNAKULAM-683 515.
    3     BABY,
          AGED 63 YEARS
          S/O.KARUNAKARAN, PURCHASE OFFICER, AADAM EXPORTS,
          MUNAMBAM, KOCHY, ERNAKULAM-683 515.
          BY ADVS.
          V.MAHENDRANATH
          P.T.SHEEJISH

RESPONDENTS:
     1     THE STATE OF KERALA,
           REPRESENTED BY THE HOME SECRETARY, SECRETARIAT,
           THIRUVANANTHAPURAM-695 001.
     2     THE COMMISSIONER OF POLICE,
           ERNAKULAM, OFFICE OF THE COMMISSIONER OF POLICE, MARINE
           DRIVE, KOCHY, ERNAKULAM-682 031.
     3     THE CIRCLE INSPECTOR OF POLICE,
           MUNAMBAM POLICE STATION, VYPIN, KOCHI, KERALA-683 515.
     4     HANEEFA,
           MANAGING PARTNER, C.H.F.FISH SUPPLIERS, TANUR ANGADI,
           TANUR, MALAPURAM, KERALA-676 302.
           BY SRI. T. SHAJAHAN, SENIOR GOVERNMENT PLEADER
          BY ADVS.
          P.K.SURESH KUMAR (SR.)
          K.P.SUDHEER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.28451 OF 2021


                                       2

                                 JUDGMENT

Dated this the 14th day of January 2022

This writ petition is filed seeking adequate police

protection to the petitioners from the 4 th respondent and his

men.

2. It is submitted by the learned counsel for the

petitioners that the 4th respondent and his men are

threatening and intimidating the petitioners with regard to a

dispute on return of money and that the complaint produced

before the police did not produce any result.

3. The learned Government Pleader submits that it is

purely a civil dispute between the parties with regard to

return of money and that the 4th respondent has absolutely

no role in the matter.

4. A counter affidavit has been placed on record by

the 4th respondent stating that there is no firm as mentioned

in the cause title to the writ petition and that the petitioners

have clearly defrauded the 4th respondent and several other

persons by pretending to be exporters of fish and that they W.P.(C)No.28451 OF 2021

owe large amounts of money to the 4 th respondent. It is

submitted that a complaint has been submitted by the 4 th

respondent against the petitioners which is produced as

Exhibit R4(a) and the attempt in the present writ petition is

only see that the further action on the said complaint is not

proceeded with.

Having heard the learned counsel on either side, I

am of the opinion that this Court and the police cannot be

involved in the civil dispute between the parties. There will,

accordingly, be a direction that in case, the petitioners

apprehend any threat or intimidation from the 4 th respondent

to their person or property, they may approach the SHO with

a complaint which will be properly looked into. However, this

will, by no mean, stand in the way of the proper investigation

of the Exhibit P4 complaint and any action to be taken in

accordance with law by the respondents.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/14/01 W.P.(C)No.28451 OF 2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 07.12.2021 FORWARDED BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS.

RESPONDENTS' EXHIBITS:

EXHIBIT R4(A) TRUE COPY OF COMPLAINT DATED 15.12.2021 FILED BY THE 4TH RESPONDENT BEFORE THE SUPERINTENDENT OF POLICE, MALAPPPURAM.

 SSK                          //TRUE COPY//         PA TO JUDGE