IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 6632 of 2008(M) ------------------------- PETITIONER: ------------ 1. NOUSHAD P.S., PUTHENVEEDU KASIM MANZIL, CHEMPANCHIRA, MULAKUZHA P.O., CHENGANNUR, ALAPPUZHA DISTRICT. 2. JASSEELA K.A., W/O. NOUSHAD, PUTHENVEEDU, KASIM MANZIL, MULAKUZHA P.O., CHENGANNUR, ALAPPUZHA. BY ADV. SRI.B.PREMOD RESPONDENTS: ------------- 1. CIRCLE INSPECTOR OF POLICE, CHENGANNUR. 2. SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION. 3. SANTHOSH KUMAR, CHARIVUKALAYIL HOUSE, THEKKUTHODE P.O., PATHANAMTHITTA. 4. ABHILASH, ANEESH BHAVAN, 6/310, THEKKUTHODE P.O., THANNITHODE, PATHANAMTHITTA. 5. MANOJ, 400, PUTHUVAL PUTHEN VEEDU, 3 PANAYARA, MUKKALA P.O., THIRUVANANTHAPURAM. 6. ANIL KUMAR, SUNIL BHAVANAM, CHUNAKKARA P.O., MAVELIKKARA. 7. RAJEEV R., THETTIYODU CHERUVILA VEEDU, CHEKOM, PATHANAPURAM P.O., KOLLAM DISTRICT. BY ADV. SRI.C.S.MANILAL FOR R4 BY GOVT. PLEADER SRI. BENJAMIN KOSHY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & K. HEMA, JJ. ----------------------------------------------------- W.P.(C) No. 6632 of 2008 ----------------------------------------------------- Dated this the 22nd day of May, 2008. JUDGMENT Balakrishnan Nair, J: The petitioners are husband and wife. They were working as agents of a manpower recruiting agency. The said agency arranges Visa for unskilled persons to go to Gulf countries. Offering employment abroad, first petitioner collected money from respondents 3 to 7. He paid the entire amount so collected to the agency concerned, it is submitted. But, because of the change of policy in the Gulf countries, unskilled persons cannot be sent for employment. Therefore, the promise made to respondents 3 to 7 cannot be honoured by the petitioners. The petitioners are trying to raise money and pay back the amount received by them. According to petitioners, respondents 3 to 7 are physically harassing them. The family members of the petitioners are prevented from going out, it is submitted. 2. In view of the above alleged illegal actions of the party- respondents, first petitioner moved the police by filing Ext.P2 [WP(C)No.6632/08] 2 representation, but the police did not extend any helping hand. Therefore, this Writ Petition is filed seeking appropriate reliefs. 3. Learned Government Pleader, upon instructions, submitted that police has not received Ext.P2 representation, as alleged. It is also submitted that a crime has been registered against the first petitioner for cheating the job seekers. There is no law and order problem warranting interference from the part of the police, it is submitted. We heard learned counsel appearing for the 4th respondent also. 4. Having regard to the facts of the case, we are not inclined to invoke our discretionary jurisdiction under Article 226 of the Constitution of India to come to the aid of the petitioners. They have to take recourse to the ordinary remedies under law available to them by moving appropriate criminal court or civil court as the case may be to redress their grievance. Accordingly, this Writ Petition is dismissed without prejudice to the rights of the petitioners to move other forum for appropriate reliefs. Sd/- K. Balakrishnan Nair (Judge) Sd/- K. Hema (Judge) [WP(C)No.6632/08] 3 Krs.