IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 32073 of 2009(Q) -------------------------------------- PETITIONER: ------------------- M.J.KURIAN, AGED 54, S/O.JOSEPH, MANAYANIKAL, PERUNNA P.O., CHANGANACHERRY. BY ADV. MR.JOHNSON MANAYANI. RESPONDENTS: ------------------------ 1. BENSON, MANAGING DIRECTOR, THERMADOM FINANCE, ROSHAN ARCADE, PERUNNA, CHANGANACHERRY. 2. V.S.NAIR, MANAGER, THERMADOM FINANCE, ROSHAN ARCADE, PERUNNA, CHANGANACHERRY. 3. GOPAKUMAR, ASST.MANAGER, THERMADOM FINANCE, ROSHAN ARCADE, PERUNNA, CHANGANACHERRY. 4. AZIZ, THERMADOM FINANCE, ROSHAN ARCADE, PERUNNA, CHANGANACHERRY. 5. BENNI, THERMADOM FINANCE, ROSHAN ARCADE, PERUNNA, CHANGANACHERRY. 6. HOME SECRETARY, SECRETARIAT, TRIVANDRUM. 7. DIRECTOR GENERAL OF POLICE, VELLAYAMBALAM, TRIVANDRUM. W.P.(C). NO.32073/2009-O: 8. INSPECTOR GENERAL OF POLICE, HQ, TRIVANDRUM. 9. SUPERINTENDENT OF POLICE, COLLECTORATE, KOTTAYAM - 1. 10. SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, CHANGANACHERRY. R6 TO R10 BY GOVT. PLEADER MR. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2010, THE COURT ON 22/02/2010 DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 32073 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2010. JUDGMENT This is a petition filed under Article 226 of the Constitution of India seeking to have a writ of mandamus commanding respondents 6 to 10 to investigate into the offences alleged to have been committed by respondents 1 to 5 and to make a detailed enquiry with regard to Ext.P3 complaint. 2. Petitioner says that he was carried away by the advertisement made by respondents 1 to 5 and availed of the facilities offered by them. He took ten units and paid Rs.1,05,000/-. It is stated that Rs.One Lakh was the unit price and Rs.5000/- was the process fee. Money was not repaid. Petitioner realised that it was a clear case of cheating. He laid a complaint before the police and Ext.P1 is the FIR. Though respondent 1 to 5 were arrested, nothing was done thereafter. The police officers were colluding with respondents 1 to 5. Even WPC.32073/2009. 2 after the arrest of respondents 1 to 5, advertisements continued to be published. It is stated that with the help of the tenth respondent, an office has again been opened and they are carrying on the business and publishing advertisements. A complaint was again laid by the petitioner, which is marked as Ext.P3. Pointing out that no effective steps are being taken to put an end to the fraud, petitioner prays for appropriate reliefs. 3. The learned Public Prosecutor pointed out that the investigation has been completed and final charge has been laid before court. If the petitioner has any grievance, it is for him to approach the court concerned and take appropriate steps. 4. The Case Dairy was made available for perusal. It is seen that some of the accused are still absconding. But an investigation seems to be done into the complaint made by the petitioner and necessary steps appear to have been taken. Learned Public Prosecutor submitted that the premises where the business was being carried on is no WPC.32073/2009. 3 longer being used by respondents 1 to 5. The person from whom the premises was taken on rent has given a statement that a huge arrears of rent is due from the concern. 5. Whatever that be, the CD discloses that the police investigated into the case and filed a final report. If the petitioner is aggrieved by the final report, it is for him to take necessary steps. The claim of the petitioner that the respondents are still carrying on the questionable business does not appear to be correct from the records. If as a matter of fact the petitioner has any grievance regarding final report, the petitioner will be free to approach the JFCM concerned and appraise that court of the state of affairs. With this observation, this petition is closed. P. BHAVADASAN, JUDGE sb.