IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 21230 of 2008(B) -------------------------- PETITIONER: ------------ RAJESH NARAYANAN @ PAVANAN T.S, MANAGING DIRECTOR, BHARATHEEYA MANAVIK VIJNAN COMMUNICATIONS LTD., HAVING OFFICE AT T.C. 10/1980 (1), KOCHAR ROAD, SASTHAMANGALAM,THIRUVNANTHAPURAM RESIDING AT DEVI PRIYA AMMAN NAGAR, KARAKULAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESETED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHATHACAUD, THIRUVANANTHAPURAM. 3. C.I. OF POLICE, NEDUMANGAD POLICE STATION, NEDUMANGAD. 4. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, MUSEUM, THIRUVNANTHAPURAM. 5. T.S. JAYAKUMAR, S/O SUBBAIYAN, LEKSHMI VILAS, 8/2046, THIRUMALA, THIRUVANANTHAPURAM. 6. MANIKANDAKUMAR K.,SASTHA MANDIRAM VAZHAYILA,PEROORKADA, THIRUVNANTHAPURAM. 7. SURESH KUMAR A.B, S/O APPUKUTTAN, A.B. BHAVAN, PULINKUZHY, IRUMBA, ARUVIKKARA, P.O., THIRUVANANTHAPURAM. WPC 21230/08 8. V.SURESH KUMAR, S/O VIKRAMAN NAIR, THEKKEMANGARATHU VEEDU, MOONNAMOODU, KODUNGANOOR P.O., THIRUVANANTHAPURAM. 9. RAJAGOPAL G.R., S/O GOPALAPILLAI, SREECHITHIRA, KP 11/890 A, EANIKARA, KARAKULAM P.O., THIRUVANANTHAPURAM. 10. ZIDHANDEN NATH, T.C. 36/849,KALPA VIAKOM, PERUTHANNI, THIRUVANANTHAPURAM -8. 11. AJILAL, AJI BHAVAN, MANKARAM, SUBHASH NAGAR, POWDIKONAM,THIRUVANANTHAPURAM. 12. SABU D.S, SHIBU COTTAGE, KOCHUKONAM, CHERIYAKONNI P.O., THIRUVANANTHAPURAM. 13. VINUMON S., MAIPARAMBUVEEDU, VELLAIKKADAVU, KODUNGANOOR P.O., THIRUVANANTHAPURAM -13. BY ADV. SRI.D.KISHORE FOR R5-13 SR.GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 21230/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND BTV WELFARE ASSOCIATION DATED 3.4.08. EXT.P2 - TRUE COPY OF THE RECEIPT DATED 24.6.08. EXT.P3 - TRUE COPY OF THE PLAINT IN O.S.NO.1178/08 FILED BY RESPONDENTS 5 & 6 BEFORE THE MUNSIFF'S COURT, TVM. EXT.P4 - TRUE COPY OF THE COUNTER AFFIDAVIT FILD BY THE PETITIONER IN O.S.NO.1178/08 BEFORE THE MUNSIFF'S COURT, TVM. EXT.P5 - TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 10.7.08. EXT.P6 - TRUE COPY OF THE DETAILS OF SHARE VALUE PAID TO THE SHAREHOLDERS. EXT.P7(a) – TRUE COPY OF THE RECEIPT DATED 28.6.08 ISSUED BY JYOTHISH A. EXT.P7(b) – TRUE COPY OF THE RECEIPT DATED 25.6.08 ISSUED BY VIJAYAKUMARAN NAIR S. EXT.P7(c) – TRUE COPY OF THE RECEIPT DATED 9.7.08 ISSUED BY MOHAMMAD AHSARAF. EXT.P7(d) – TRUE COPY OF THE RECEIPT DATED 7.7.08 ISSUED BY KAMALAMMA N. EXT.P7(e) – TRUE COPY OF THE RECEIPT DATED 9.7.08 ISSUED BY RAVEENDRAN M. EXT.P7(f) – TRUE COPY OF THE RECEIPT DATED 9.7.08 ISSUED BY RATHEESH J.R. RESPONDENTS' EXTS. EXT.R5(a) – TRUE COPY OF THE PROFILE OF BTV DATED 9.11.2007. EXT.R5(b) – TRUE COPY OF THE AGREEMENT DATED 17.4.2008. EXT.R5(c) – TRUE COPY OF THE ORDER IN IA 5323/08 IN OS 1178/08 OF MUNSIFF'S COURT, TVPM. EXT.R5(d) – TRUE COPY OF THE COMPLAINT DT. 10.6.08 SUBMITTED BEFORE THE CONTONMENT ASST. COMMISSIONER OF POLICE. EX.R5(e) - TRUE COPY OF THE COMPLAINT DATED 10.6.2008 SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION. EXTR5(f) – TRUE COPY OF THE COMPLAINT DTD. 7.7.08 SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE, MUSEUM POLICE STATION. EXT.R5(g) – TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE C.I. OF POLICE DATED 12.7.08. EXT.R5(h) – TRUE COPY OF THE REPRESENTATION DATED 14.7.2008 SUBMITTED BEFORE THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. WPC 21230/08 EXT.R5(i) – TRUE COPY OF THE REPRESENTATION DTD. 14.7.08 SUBMITTED BEFORE THE HON'BLE HOME MINISTER. EXT.R5(j) – TRUE COPY OF THE REPRESENTATION DTD.14.7.08 SUBMITTED BEFORE THE DIRECTOR GENERAL OF POLICE. EXT.R5(k) – TRUE COPY OF THE REPRESENTATION DTD. 11.7.08 SUBMITTED BEFORE THE DLO, TVPM. EXT.R5(l) – TRUE COPY OF THE COMMUNICATION DTD. 9.7.08 SENT TO THE DIRECTOR (INSAT), MINISTRY OF INFORMATION AND TECHNOLOGY. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 21230 OF 2008-B ----------------------------------------- Dated 7th August, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is the Managing Director of a Public Limited Company, which was running a T.V.Channel called 'Bharatheeya Channel', from Thiruvananthapuram. The respondents 5 to 13 are the employees of the said company. Owing to financial difficulties, the company could not pay the salary of its employees. The employees and their relatives have invested money in the company, by taking shares to the tune of about Rs.6.5 crores. Because of the financial difficulties, the functioning of the channel came to a grinding halt. In the above background, the aggrieved employees, who were even not paid their salary, felt that the investment made by them will be lost. In view of the financial crisis, the petitioner entered into an agreement with the employees, a copy of which is produced as Ext.P1. As per the WPC 21230/08 2 said agreement, the employees were given share in the management of the company till a new investor is found and they are paid off. The petitioner submits, he has found out a new investor, who is ready to purchase the shares of the employees and their relatives. Substantial portion of the shares has already been purchased by the said investor, it is submitted. Amounts by way of demand drafts are ready to be paid to others also. They can come and collect the same from the company office. The salary can be paid only after the channel starts functioning. With the help of the new investor, when the petitioner tried to start the functioning of the channel, the respondents 5 to 13 are causing obstruction. Therefore, he moved the police. Alleging that the police did not interfere in the matter, this writ petition is filed. 2. The learned Government Pleader, upon instructions, submitted that several complaints from the employees have been received against the petitioner, alleging cheating. Complaints regarding manhandling were also received. A crime has been registered by the Museum Police against the petitioner, for manhandling an employee of the company. 3. The party respondents have filed a counter affidavit, denying WPC 21230/08 3 all the allegations of the petitioner. Some of the employees have filed a suit before the civil court to restrain the petitioner from transferring the channel or its assets to third parties. There is an interim order also in the said suit, restraining the petitioner from transferring the assets of the company to third parties, without complying with the terms of Exts.P1 agreement. The party respondents also submitted that in fact they require protection from the petitioner and his musclemen. The allegations of the petitioner that they are causing obstruction to the functioning of the channel etc., are unfounded and they pray for dismissal of the writ petition. 4. If the petitioner purchases the shares of the company from the employees and their relatives, one of the grievances of the party respondents will be redressed. Regarding the running of the channel and payment of arrears of salary to the workmen, the petitioner has to negotiate with them and arrive at a settlement. Having regard to the nature of the dispute, we feel that the police cannot be assigned any role in this matter. If the parties cannot mutually settle the matter, they can avail the forum of the civil court., to find a solution to the dispute. WPC 21230/08 4 But, if any cognizable offence is reported, needless to say, the police will take appropriate action in accordance with law. Subject to the above direction, the Writ Petition is closed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/