Kerala High Court
Abdul Bari Manhakkandan vs State Of Kerala on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 4880 OF 2024
PETITIONER:
ABDUL BARI MANHAKKANDAN
AGED 50 YEARS
S/O ABDULLA, MANHAKKANDAN HOUSE, KODASSERI,
CHEMBRASSERI, MALAPPURAM DISTRICT, KERALA, PIN -
676521
BY ADVS.
SIDHARTH O.
SUSANTH SHAJI
ALBIN A. JOSEPH
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT POLICE CHIEF- MALAPPURAM DISTRICT
DISTRICT POLICE OFFICE, UP HILL, MALAPPURAM,
KERALA, PIN - 676505
3 DISTRICT POLICE CHIEF- IDUKKI DISTRICT
DISTRICT POLICE OFFICE, IDUKKI, KERALA,
PIN - 685603
4 DEPUTY SUPERINTENDENT OF POLICE- PERINTHALMANNA
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
PERINTHALMANNA, KSHB COLONY, PERINTALMANNA, KERALA,
PIN - 679322
5 STATION HOUSE OFFICER- PANDIKKAD POLICE STATION
PANDIKKAD POLICE STATION, PANDIKKAD, KERALA, PIN -
676521
6 STATION HOUSE OFFICER- THODUPUZHA POLICE STATION
THODUPUZHA POLICE STATION, THODUPUZHA P.O, IDUKKI,
KERALA, PIN - 688584
7 MATHEW THOMAS
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER,
HUSBAND OF LAILAMANI NEELAKANDAN, MUTHALAKKODAM P.O.,
THODUPUZHA, IDUKKI DISTRICT, PIN-, PIN - 685605
BY ADVS.
K. R. Sunil
R.S.ANANDAN(K/003400/2022)
K.S.GRACY SUNDAR(K/001302/2023)
WP(C)Nos.4880 & 6256/2024 2
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, ALONG WITH WP(C).6256/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.4880 & 6256/2024 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 6256 OF 2024
PETITIONERS:
1 MATHEW THOMAS
AGED 62 YEARS
S/O LATE THOMAS, MANDARIN HOUSE, MUTHALAKULAM P.O.,
THODUPUZHA VIA, IDUKKI DISTRICT, PIN - 685605
2 LAILAMANI NEELAKANDAN
AGED 56 YEARS
W/O. MATHEW THOMAS MANDARIN HOUSE, MUTHALAKULAM P.O.,
THODUPUZHA VIA, IDUKKI DISTRICT, PIN - 685605
BY ADVS.
K.R.SUNIL
K.S.GRACY SUNDAR
R.S.ANANDAN
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE
IDUKKI DISTRICT, PIN - 685602
2 THE DEPUTY SUPERINTENDENT OF POLICE
THODUPUZHA, IDUKKI DISTRICT, PIN - 685605
3 THE STATION HOUSE OFFICER
THODUPUZHA POLICE STATION, THODUPUZHA IDUKKI
DISTRICT, PIN - 685602
4 ABDUL BARI
MANHAKKANDAN HOUSE, KODASSERI, CHEMBRASSERI P.O.,
PANDIKKAD MALAPPURAM, PIN - 676521
BY ADVS.
SIDHARTH O.
SUSANTH SHAJI(K/1566/2018)
ALBIN A. JOSEPH(K/1299/2020)
SRI.P.M.SHAMEER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, ALONG WITH WP(C).4880/2024, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.4880 & 6256/2024 4
JUDGMENT
[WP(C) Nos.4880/2024, 6256/2024]
I am considering these two writ petitions together because the
petitioners in these cases impel allegations against each other and
seek prayers similar, but against one another, again.
2. The petitioner in W.P(C)No.4880 of 2024 - which was filed
first, allege that the 7th respondent - Sri.Mathew Thomas is meting out
threat and intimidation to him compelling him to act as per an
agreement which they had entered into outside India; with a
concomitant threat that if he does not do so, he and his family will be
done away with and they removed from their own property.
3. While so, W.P(C)No.6256 of 2024 is being filed by the afore
mentioned Sri.Mathew Thomas and his wife, alleging that the
petitioner in the 1st case is threatening him; and interestingly, he also
says that the genesis of the controversy is in the afore mentioned
agreement.
4. Indubitably, therefore, both sides cite threat from one another
and seek that they be protected from each other.
5. Sri.P.M.Shameer - learned Government Pleader, in response,
submitted that the Police are actively looking into both the complaints;
but that they have found, on investigation, that their disputes have
genesis in a business that was being done outside India. He submitted
that, therefore, the lives of both the parties will be adequately
protected, but that the Police cannot and will not enter into the merits
of the internecine disputes, since the parties will have to resolve them
through alternative forums. He added that law and order has been
maintained in the areas of residence of both sides and that none of
them have been allowed to take law into their own hands.
6. I have no doubt that the afore submissions of the learned
Government Pleader would be sufficient for this Court to dispose of
both these writ petitions because, the only duty vested on the Police is
to ensure that the lives and properties of citizens are protected, but
they cannot deal with rival disputes in any manner whatsoever.
In the afore circumstances, I allow these writ petitions, recording
the afore submissions of the learned Government Pleader, that the
lives and properties of both sides are being adequately protected; with
a consequential direction to the Police Officers concerned to ensure
that this is done continually and that none of them are allowed to
commit any action in breach of peace or in violation of law.
Needless to say, should any conduct be noticed from either of the
parties in conflict with the afore directions, necessary action will be
taken to the fullest warrant of law without any reservation; and I
caution that if it is failed to be done, then the Officers concerned will
be held personally responsible.
It goes without saying that this Court has not entered into the
merits of any of the rival contentions of the parties and that they are
all left open to be impelled and pursued before the appropriate
Forum/Courts; for which entitled liberties are also reserved.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/16.4
APPENDIX OF WP(C) 4880/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOSTAT COPY OF THE AMC MECHANICAL
DIVISION PARTNERSHIP SEPARATION SETTLEMENT
AGREEMENT DATED 17.05.2023 EXECUTED BETWEEN
THE PETITIONER, 7TH RESPONDENT AND MR.
ABDUL KARIM AL SHAMMARY.
Exhibit P2 TRUE PHOTOSTAT COPY OF THE PETITION DATED
21.12.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
Exhibit P3 TRUE PHOTOSTAT COPY OF THE RECEIPT DATED
21.12.2023.
Exhibit P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 25.01.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
THROUGH EMAIL.
Exhibit P5 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 25.01.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT
THROUGH EMAIL.
Exhibit P6 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 25.01.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT
THROUGH EMAIL.
Exhibit P7 TRUE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 25.01.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 6TH RESPONDENT
THROUGH EMAIL.
RESPONDENT EXHIBITS
Exhibit R7(a) The true copy of the criminal complaint
dated 08.11.2023,submitted by this
respondent before the 6th respondent and
the receipt issued by the 6th respondent
Exhibit R7(b) The true copy of the Complaint dated
09.02.2024 submitted before the Deputy
Superintendent of Police, Thodupuzha along
with the acknowledgement received dated
10.02.2024
APPENDIX OF WP(C) 6256/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED
08.11.2023 SUBMITTED BY THE 1ST PETITIONER
BEFORE THE 3RD RESPONDENT ALONG WITH THE
ACKNOWLEDGMENT RECEIVED DATED 10.11.2023
Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED
09.02.2024 SUBMITTED BEFORE THE 2ND
RESPONDENT ALONG WITH THE ACKNOWLEDGEMENT
RECEIVED DATED 10.02.2024
