IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 16297 of 2011(J) ---------------------------------------- PETITIONER(S): ------------------------- P.I. MARKETING PVT. LIMITED NO.20/40/2, FIRST FLOOR, PENTA WORLD BUILDING, POOTHOLE, THRISSUR, REPRESENTED BY ITS EXECUTIVE DIRECTOR (MARKETING) SHRI.SHAJI POOLATH. BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE, ADV. SMT.SMITHA GEORGE, SRI.T.RAMPRASAD UNNI. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 2. THE INSPECTOR GENERAL OF POLICE, THRISSUR-680 001. 3. THE CITY COMMISSIONER OF POLICE, THRISSUR CITY, PIN-680 020, THRISSUR. 4. THE CIRCLE INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, THRISSUR-680 001. 5. THE SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, THRISSUR-680 001. BY SR. GOVT. PLEADER MR.JOE KALLIATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 16297 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE CERTIFICATE OF INCORPORATION ISSUED BY THE ASSITANT REGISTRAR OF COMPANIES DATED 09/07/2009. EXT.P2 COPY OF THE CERTIFICATE OF REGISTRATION DATED 13/01/2010 BY THE COMMERCIAL TAX OFFICER, DEPARTMENT OF COMMERCIAL TAXES, THRISSUR. EXT.P3 COPY OF THE PAN CARD ISSUED BY THE INCOME TAX DEPARTMENT. EXT.P4 COPY OF THE COMMUNICATION DATED 29/06/2011 BY THE ASST. GENERAL MANAGER, SBI, THRISSUR. RESPONDENT'S EXHIBITS:- EXT.R4A COPY OF THE FIR. EXT.R4AB COPY OF THE PAMPHLET PUBLISHED BY P.I. MARKETING PVT. LIMITED. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 16297 of 2011 J ``````````````````````````````````````````````````````````` Dated this the 14th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner approached this Court seeking a declaration that interference by the respondents in their direct selling business activities is violative of the Constitutional provisions and seeking appropriate directions in the matter. On the other hand, according to the respondents, what was carried on by the petitioner amounts to money circulation scheme prohibited under the Price Chits and Money Circulation Scheme (Banning) Act, 1978. 2. It is seen that during the pendency of this writ petition, Government have issued guidelines along with the Government Order No.190/2011 dated 12.09.2011, laying down guidelines for doing direct selling business. According to the petitioner, they were carrying on their business perfectly in consonance with Ext.P5 guidelines and that in the light of Ext.P5, they should be permitted to continue their W.P.(C) No.16297/2011 : 2 : activities. 3. Having heard the learned Senior counsel appearing for the petitioner and learned Government Pleader, I am inclined to think that, if as claimed by the petitioner what is carried on by them satisfy the requirements of Ext.P5 guidelines, there is no reason why they shall not be permitted to continue the same. In that view, I direct that it will be open to the petitioner to conduct direct selling business in compliance with the requirements of Ext.P5 and if it is so, there shall not be any interference in such activities. It is also clarified that in the event, the respondents are satisfied that the activities do not comply with the requirements of Ext.P5, it will be open to them to take such action as is warranted in law. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/14/12 // True Copy // P.A. To Judge