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Susamma T vs District Police Chief
2025 Latest Caselaw 3340 Ker

Citation : 2025 Latest Caselaw 3340 Ker
Judgement Date : 11 August, 2025

Kerala High Court

Susamma T vs District Police Chief on 11 August, 2025

Author: N.Nagaresh
Bench: N.Nagaresh
                                            2025:KER:60346

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947

                WP(C) NO. 26368 OF 2025

PETITIONER:

         SUSAMMA T
         AGED 58 YEARS
         W/O PUTHEN VEETTIL JOHN (LATE),
         BRIGHT LAND, NIRATHUPARA P.O.,
         KOODAL PATHANAMTHITA,
         PIN - 689693


         BY ADV.
         SRI.ATHUL M.V.


RESPONDENTS:

    1    DISTRICT POLICE CHIEF
         OFFICE OF THE SUPERINTENDENT OF POLICE,
         PATHANAMTHITTA, PIN - 689645

    2    THE STATION HOUSE OFFICER
         KOODAL POLICE STATION,
         PATHANAMTHITTA, PIN - 689693

    3    THE STATION HOUSE OFFICER
         CHERTHALA POLICE STATION,
         ALAPPUZHA, PIN - 688524

    4    SOORAJ SURENDRAN
         (AGE AND FATHERS NAME NOT KNOWN)
         RADHALAYAM, PADUKKOTTUKKAL
         THATTAYIL PO, PATHANAMTHITTA,
         PIN - 689502
                                                2025:KER:60346
WP(C) No.26368 of 2025

                              2


    5     SREEJU S NAIR
          S/O SURENDRAN NAIR, SREEJU NILYAM,
          THIRUVELLOR, ANDOORKONAM P.O
          TRIVANDRUM, PIN - 695584

    6     SONU SHAJI
          POYALIL, MEMURIYIL
          NARANGANAM P O,
          PATHANAMTHITTA,KERALA, PIN - 689642

    7     ANOOP A. BABY
          ARAKKAKUDIYIL HOUSE
          KUZHIKKAD, AMBALAMEDU P.O
          ERNAKULAM, PIN - 682303

    8     VINU WINSTON PAUL
          WORKING AT AUDI SERVICE CENTER NH47
          OPPOSITE LIFE SCIENCE PARK, THONNAKKAL,
          THIRUVANANTHAPURAM, PIN - 695317

    9     RAGI KUNJURAMAN
          KALLUVILA VEEDU,
          KOTTIYAM P.O., KOLLAM, PIN - 691571

   10     ANEESH LAWRENCE
          TC 69/550, NADUTHURA,
          POONTHURA P. O, TRIVANDRUM,
          PIN - 695026

   11     SHAJIMOL REJAN
          TC 47/1178,
          PALLIVI LAKAM PURAY ÌDAM POONTHIIRA,
          TRIVANDRUM,
          PIN - 695022

   12     SUJA BAIJU
          SREEKARAM
          SNEHA NAGAR 156
          ULIYAKOVIL P.O KOLLAM, PIN - 691019
                                             2025:KER:60346
WP(C) No.26368 of 2025

                              3



          BY ADVS.
          SMT.V.H.JASMINE
          SRI.JOHIN JOHNSON
          SRI.JIBI JOHNSON

          SRI. DHEERAJ A.S.,GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                    2025:KER:60346
WP(C) No.26368 of 2025

                                    4



                          JUDGMENT

Dated this the 11th day of August, 2025

The petitioner, a widow and heart patient, resides alone

in Kerala. Her younger son, after pursuing higher education in

the United Kingdom, established a Job Recruitment Company

named Xtravel LLP in the United Kingdom. While the

petitioner was listed as a Board Member of the Company, she

was removed on the same day. She had no role or

involvement in the functioning or management of the

Company.

2. Following business disputes involving the

Company, several individuals filed complaints and initiated

legal proceedings against the Company and the petitioner's

son. Despite the petitioner's clear disassociation with the

Company, she became a target of threats. The petitioner was

taken to Abu Dhabi by her elder son. While abroad, the 2025:KER:60346

petitioner filed multiple complaints with the 2 nd respondent and

higher police officials through the NRI Cell, describing the

harassment and requesting protection upon her return.

Despite repeated communications, no effective action was

taken by the authorities.

3. On her return to India, renewed threats were made

against her and her family, including circulation of her

photographs taken at the Police Station. It is submitted that

police officials themselves were complicit in transmitting these

images to the party respondents. The petitioner and her family

continue to face grave threats of physical harm and public

defamation from respondents 4 to 12. Her complaints have

been ignored by the police.

4. The respondents have repeatedly trespassed into

her residence and attempted to assault her and damage her

dignity. Despite being accused in criminal cases, the petitioner 2025:KER:60346

retains her fundamental rights under Article 21 of the

Constitution. The continued harassment and refusal by

authorities to ensure her safety amount to dereliction of official

duty.

5. Counsel entered appearance on behalf of

respondents 8 and 9 and resisted the writ petition.

Respondents 8 and 9 state that the petitioner has collected as

much as ₹5 Crores from about 50 persons making them

believe that the petitioner will take them to London for various

activities. Placing faith on the petitioner, respondents 8 and 9

and others paid money. The respondents have not in any

manner physically threatened or harassed the petitioner. Their

only worry is loss of money.

6. Government Pleader submitted that a number of

complaints have been received against the petitioner and

crimes have also been registered under Section 420 of the 2025:KER:60346

Code of Criminal Procedure.

7. Heard.

8. The petitioner is a 58 year old lady. The petitioner

submits that her younger son, after pursuing higher education

in United Kingdom, established a Job Recruitment Company.

Though the petitioner was earlier a Board Member, she was

removed very soon. The petitioner has no connection with any

deals between the petitioner's younger son and the

respondents. The petitioner would allege that the respondents

are threatening the life of the petitioner.

9. Respondents 8 and 9, on the other hand, would

submit that they have not only lost money, but they are facing

threat from the petitioner and her children.

10. Be that as it may, it is evident from the pleadings

that what is involved is a money dispute and perhaps a

criminal offence.

2025:KER:60346

11. In the circumstances of the case, parties cannot

take law into their hands. If the parties have any disputes

between themselves, they have to approach the competent

court of law.

In the facts of the case, the writ petition is disposed of

directing that if the petitioner faces any physical threat or

criminal activity from the part of any of the respondents 4 to

12, the petitioner may bring it to the notice of the Station

House Officer and if such a complaint is received, the Station

House Officer shall look into the matter and take appropriate

steps, in accordance with law.

Sd/-

N.NAGARESH JUDGE hmh 2025:KER:60346

APPENDIX OF WP(C) 26368/2025

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE RECORD STATING HER DATE OF RESIGNATION Exhibit P-2. PHOTOGRAPH OF FLEX BOARDS HOISTED AGAINST THE PETITIONER Exhibit P-3. A TRUE COPY OF THE EMAIL DATED 01.12.2024 SUBMITTED BY THE PETITIONER Exhibit P-4. A TRUE COPY OF THE RECEIPT OF ACKNOWLEDGEMENT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P-5. A TRUE COPY OF THE EMAIL DATED 08.02.2025 SENT BY THE PETITIONER Exhibit P-6. A TRUE COPY OF THE EMAIL DATED 29.06.2025 Exhibit P-7. THE TRUE COPY OF THE ORDER DATED

Exhibit P-8. THE TRUE COPY OF THE ORDER DATED

 
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