Kerala High Court
G Jayakumaran Nair vs State Of Kerala on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12049 OF 2024
CRIME NO.336/2024 OF Nemom Police Station, Thiruvananthapuram
PETITIONERS:
1 G JAYAKUMARAN NAIR, AGED 65 YEARS
S/O R.GOPALA PILLAI, "ARNIKA", SNRA 55, POWDIKONAM P.O,
THIRUVANANTHAPURAM, PIN - 695587
2 AJITHAKUMAR K.G, AGED 63 YEARS
S/O GOPALA PILLAI, NANDANAM, SREENAGAR ,POWDIKONAM PO
TRIVANDRUM, PIN - 695587
3 S.V SISIR, AGED 55 YEARS
S/O SUKUMARAN NAIR,D/O THANKAMMA, "ASWATHY", MM LANE,
PANANVILA, NALANCHIRA P.O, TRIVANDRUM, PIN - 695015
4 SREEKANTH S, AGED 39 YEARS
S/O SREEKUMAR V, OTTAVEEDU POWDIKONAM P.O, TRIVANDRUM,
PIN - 695587
5 CHERUPUSHPAM T
AGED 36 YEARS
D/O THANKAMMA, KEEZHAVILAKAM PURAYIDATHIL,PULLUVILA P.O
TRIVANDRUM, PIN - 695564
BY ADVS.
S.RAJEEV
RAAJESH S.SUBRAHMANIAN
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
NOURIN S. FATHIMA
RESPONDENTS:
1 STATE OF KERALA
REP. BY SECRETARY, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATE POLICE CHIEF
POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM,
PIN - 695010
3 COMMISSIONER OF POLICE
POLICE COMMISSIONERATE, THIRUVANANTHAPURAM CITY, THYCAUD,
THIRUVANANTHAPURAM, PIN - 689014
4 STATION HOUSE OFFICER
WP(C) NO. 12049 OF 2024
2
NEMOM POLICE STATION, THIRUVANANTHAPURAM., PIN - 695020
5 STATION HOUSE OFFICER
MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM, PIN -
695011
6 ULRICH ARMIN GLEMNITZ
AGED 45 YEARS
ZWIRNERSTR 31, 50678 COLOGNE, COLOGNE CITY GERMANY, PIN -
50678
7 K G SURESH BABU
AGED 61 YEARS
S/O GOPALA PILLAI, GOKULAM, MANNANTHALA P.O.,
THIRUVANANTHAPURAM, PIN - 695015
8 LEENA G NAIR
AGED 55 YEARS
W/O K G SURESH BABU, GOKULAM, MANNANTHALA P.O.,
THIRUVANANTHAPURAM, PIN - 695015
9 GOKUL BABU
AGED 34 YEARS
S/O K G SURESH BABU, GOKULAM, MANNANTHALA P.O.,
THIRUVANANTHAPURAM, PIN - 695015
10 GOUTHAM BABU
AGED 27 YEARS
S/O K G SURESH BABU, GOKULAM, MANNANTHALA P.O.,
THIRUVANANTHAPURAM, PIN - 695015
BY ADVS.
RENJITH B.MARAR
LAKSHMI.N.KAIMAL(K/422/2003)
KESHAVRAJ NAIR(K/000797/2015)
P.RAJKUMAR(R-532)
ARUN POOMULLI(D/3696/2015)
PREETHA S CHANDRAN(K/298/2009)
ANAND REMESH(K/1491/2023)
ABHIRAM.S.(K/3053/2022)
ABHIJITH SREEKUMAR(K/2617/2022)
C.R.REKHA(K/854/2001)
GAADHA SURESH(K/817/2015)
SRI.P.M.SHAMEER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12049 OF 2024
3
JUDGMENT
The petitioners, in the Memorandum of the
Petition, say that the first among them is the
step father of the 6th respondent - who is a
German Citizen; and allege that they are facing
threat from the latter and his associates,
namely respondents 7 to 10.
2. However, when this matter was called
today, the learned counsel for the petitioners -
Sri.V. Vinay, conceded that the 1st petitioner is
now no more; but asserted that the cause of
action still survives because, the 2nd among them
is his brother. He argued that the threat to the
petitioners from respondents 7 to 10 still
continues, particularly when the obsequies to
the deceased are going on, with obstruction
being caused to them from participating in it.
He thus prayed that the police Authorities be
WP(C) NO. 12049 OF 2024
directed to afford the petitioners necessary
protection, as has been prayed for by them in
Ext.P6 to P8 and subsequently through Exts.P9
and P10.
3. Sri.Keshavraj Nair-learned counsel for
respondents 7 to 10, in response, submitted that
the afore allegations of the petitioners are
wholly untrue and completely baseless; and that,
in fact, it is his clients, along with the 6 th
respondent, who are facing threats from them. He
explained that the real controversy between the
parties is with respect to a property owned by
the 1st petitioner and that all the imputations
made herein are part of a complot hatched to
grab the same from its true owners. He thus
prayed that this writ petition be dismissed.
4. The 6th respondent, Sri.Ulrich Armin
Glemnitz, appearing in person, affirmed that he
WP(C) NO. 12049 OF 2024
has not committed any act which is in violation
of law, nor has he any reason to intimidate any
person, including the petitioners. He explained
that he has a clean record in his home country
and that he intends not to violate it in India
either. He also thus prayed that this writ
petition be dismissed.
5. Sri.P.M.Shameer, learned Government
Pleader appearing for the official
respondents, submitted that the police has
found, on investigation, that the controversy
between the parties has its genesis in
certain claims over a property, into which
they neither can involve themselves, nor deal
with. He submitted that, however, the lives
of both the petitioners 2 to 3 and that of
the party respondents are now been
sufficiently protected from each other; and
WP(C) NO. 12049 OF 2024
that any action from their part to violate
law, or to commit breach of peace, will be
dealt with as required in law.
6. No doubt, this Court cannot enter into
the civil disputes between the parties if
any; nor into their rival claims over the
property. The only obligation of this Court,
while acting under the "police protection"
jurisdiction, is to ensure that peace is
maintained and that no citizen or other, is
allowed to take law into their own hands and
to commit violation of law; or to impel
threat or intimidation to each other.
7. Quoad Hoc the facts of this case, the
petitioners on one hand allege that
respondents 6 to 10 are intimidating them;
while, the latter also makes a similar
WP(C) NO. 12049 OF 2024
assertion, saying that it is they who are now
being so threatened.
8. Obviously, it is for the Police to now
ensure that the lives of both sides are
protected and that they are not allowed to
commit any breach of law.
9. In the above perspective, I allow this
writ petition to a limited extent, directing
the 3rd respondent-Commissioner of Police, to
ensure that 4th and 5th respondents-Station
House Officers, are effectively instructed to
ensure that the lives of petitioners 2 to 5,
as also respondents 6 to 10 are protected
from any threat against each other; and that
their internecine disputes do not degenerate
into law and order issues, which shall be
averted; or, in the alternative, taken note
WP(C) NO. 12049 OF 2024
of and dealt with to the fullest warrant of
law.
10. As far as the parties are concerned,
their disputes are left undecided and they
are at liberty to pursue them before the
alternative forums, however, in peace and
without violation of law.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
WP(C) NO. 12049 OF 2024
APPENDIX OF WP(C) 12049/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE DISCHARGE SUMMARY DATED
20.03.2024 OF THE 1ST PETITIONER ISSUED BY G.G
HOSPITAL, THIRUVANANTHAPURAM
Exhibit P2 THE TRUE COPY OF THE PLAINT DATED 12.03.2024
IN O.S NO.425/2024 ALONG WITH THE E-COURT
PROCEEDINGS DATED 13.03.2024 GRANTING
INJUNCTION
Exhibit P3 THE TRUE COPY OF THE C-FORM OF THE 6TH
RESPONDENT
Exhibit P4 THE TRUE COPY OF THE FIR IN CRIME NO.336/2024
DATED 17.03.2024 REGISTERED BY THE 4TH
RESPONDENT
Exhibit P5 THE TRUE COPY OF THE COMPLAINT DATED
20.03.2024 SUBMITTED BEFORE THE 3RD RESPONDENT
ALONG WITH RECEIPT DATED 20.03.2024
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION DATED
21.03.2024 SUBMITTED BEFORE THE 4TH RESPONDENT
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION DATED
21.03.2024 SUBMITTED BEFORE THE 5TH RESPONDENT
ALONG WITH RECEIPT
Exhibit P8 THE TRUE COPY OF THE REPRESENTATION DATED
21.03.2024 SUBMITTED BEFORE THE 3RD RESPONDENT
ALONG WITH RECEIPT
Exhibit-P9 THE TRUE COPY OF THE COMPLAINT FILED BEFORE
THE NEMAM POLICE STATION DATED 03/04/2024
ALONG WITH THE RECEIPT
Exhibit-P10 THE TRUE COPY OF THE COMPLAINT FILED BEFORE
THE CITY POLICE COMMISSIONER DATED 03/04/2024
ALONG WITH THE RECEIPT
