Kerala High Court
Sajid Kambrath vs Director General Of Police Kerala on 26 March, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:27303
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947
WP(C) NO. 30383 OF 2023
PETITIONER:
SAJID KAMBRATH
AGED 42 YEARS
S/O SEEDHI, KAMBRATH HOUSE, MAMBAD P.O, PALATHINGAL,
MALAPPURAM DISTRICT, PIN - 676542
BY ADVS.
BIMALA BABY
JEFRIN JOSE
JASMINE LIGY
MAGI PAVITHRAN
ROSHAN SHAJI
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE KERALA
POLICE HEADQUARTERS, THIRUVANANTHAPURAM-, PIN - 695010
2 THE SUPERINTENDENT OF POLICE
DISTRICT POLICE OFFICE, UP HILL POST, MALAPPURAM
DISTRICT-, PIN - 676505
3 THE STATION HOUSE OFFICER
NILAMBUR POLICE STATIONNILAMBUR- GUDALUR ROAD, NILAMBUR
P.O, MALAPPURAM DISTRICT - KERALA -, PIN - 679329
4 LINEE ABRAHAM
AGED 45, THYPARAMBIL HOUSE, PULLODE, MAMBAD P.O,
VADAPURAM, MALAPURAM DISTRICT-, PIN - 676542
BY ADVS.
SABU GEORGE .
P.B.KRISHNAN(K/1193/1994)
WP(C) No.30383 of 2023 2
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P.B.SUBRAMANYAN(K/1145/2009)
MANU VYASAN PETER(K/000652/2013)
GP.SRI.B.S.SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.30383 of 2023 3
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JUDGMENT
Dated this the 26th day of March, 2025
The writ petition is filed to direct the respondents 1 to
3 to afford adequate police protection to the life and property
of the petitioner from the threats being caused by the 4 th
respondent.
2. The petitioner is one of the director of the chit
company named 'DHANASURABHI'. The 4 th respondent is
also one of the director's of the said company. As the 4 th
respondent committed malpractices in the company, the
petitioner brought this to the notice of the other directors.
Immediately, the 4th respondent started harassing the
petitioner and threatening the petitioner. The petitioner
apprehends that the 4th respondent would cause harm to his
life and property. Hence, the writ petition.
3. The 4th respondent has filed a counter affidavit
denying the allegations in the writ petition. It is contended
that, the petitioner's attempt is only to prevent the 4 th
respondent from participating in the affairs of the company.
The dispute between the parties is purely civil in nature. The
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4 th
respondent has also filed Ext.R4(h) before the 2 nd
respondent, regarding the false complaint filed by the
petitioner. Hence, the writ petition may be dismissed.
4. Heard; the learned counsel for the petitioner, the
learned Government Pleader and the learned counsel for the
4th respondent.
5. On a consideration of the facts and the materials on
record, particularly there are disputes between the parties
regarding the management and administration of the
company, I am prima facie satisfied that the disputes are civil
in nature.
6. In Padmanabhan N v. State of Kerala (2024 KHC
Online 7177), the Division Bench of this Court has held as
follows:
"6. Police protection cannot be asked for
issues that fall within the jurisdiction of civil
courts, particularly when it involves resolving
private disputes between parties. It is well
established in law that civil rights must be
adjudicated by competent civil courts. The
enforcement of civil court orders should be
carried out in accordance with the procedures
outlined in the Code of Civil Procedure, 1908,
or any relevant statute that establishes the
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appropriate forums for such matters.
xxx xxx xxx
8. Seeking and employing a police force
cannot be a means to sidestep the need for
dispute resolution in competent courts.
Invariably, such directions are sought invoking
Article 226 of the Constitution of India."
7. On a consideration of the facts and the materials on
record, I am not inclined to exercise the discretionary
jurisdiction of this Court under Article 226 of the Constitution
of India. Nonetheless, if there is any law and order problem, it
will be up to the petitioner to approach the jurisdictional
Police Station and file a complaint in the said regard. If such
complaint is filed, the jurisdictional Police Station shall
conduct an enquiry and take action on the complaint, in
accordance with law, without interfering in any civil dispute
between the parties.
The writ petition is ordered accordingly.
Sd/- C.S.DIAS, JUDGE
AJ
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APPENDIX OF WP(C) 30383/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 08/09/2023 FILED
BEFORE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE RECEIPT ISSUED BY RESPONDENT
NO.3 DATED 08/09/2023
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 08/09//2023
Exhibit P4 TRUE COPY OF THE RECEIPT OF COMPLAINT ISSUED FROM
OFFICE OF RESPONDENT NO.2 DATED 08/09/2023
Exhibit P5 TRUE COPY OF COMPLAINT FILED BY PETITIONER
THOROUGH EMAIL BEFORE RESPONDENT NO.1 DATED
12/9/2023
RESPONDENT EXHIBITS
Exhibit-R4(a) A true copy of the Form No.INC 33, e-memorandum
of Association filed by the Company at the time
of incorporation dated 23-10-2019
Exhibit-R4(b) A true copy of Form No.INC 34, e-Articles of
Association of the Company dated 23-10-2019
Exhibit-R4(c) A true copy of the Company Information dated 27-
09-2023
Exhibit-R4(d) A true copy of email dated 01-07-2023
Exhibit-R4(e) A true copy of email dated 14-07-2023
Exhibit-R4(f) A true copy of email dated 20-07-2023
Exhibit-R4(g) A true copy of the resolutions passed by the
Board of Directors in its meeting held on 14-07-
Exhibit-R4(h) A true copy of the draft of the complaint filed
by Respondent No.4 on 11-09-2023 in the Nilambur
Sub Divisional Office of Police along with its
receipt
