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 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 26287 of 2008(D) -------------------------- PETITIONER: --------------- PRAKASH @ RAJKUMAR, S/O.GANGADHARAN, WARD NO.60, PURAKKAD GRAMA PANCHAYATH, PURAKKAD VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SABU SREEDARAN SRI.SAIJO HASSAN RESPONDENTS: --------------- 1. THE DEPUTY INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. DEPUTY SUPERINTENDENT OF POLICE, ALAPPUZHA. 4. CIRCLE INSPECTOR OF POLICE, AMBALAPPUZHA POLICE STATION, AMBALAPPUZHA. 5. SUB INSPECTOR OF POLICE, AMBALAPPUZHA POLICE STATION, AMBALAPPUZHA. 6. RAJU, S/O.CHELLAMANI, MAVELIPPARAMBU VEEDU, PURAKKATTUMURI, PURAKKAD VILLAGE. 7. RAMACHANDRAN DIVAKARAN, ETTAPARAMBIL HOUSE, PURAKKATTUMURI, PURAKKAD VILLAGE. 8. MADHU VASUDEVAN, KADAPPARA VEEDU, PURAKKATTUMURI, PURAKKAD VILLAGE. W.P.(C) NO.26287/2008 9. C.SHAIJU, S/O.CHIDAMBARAM, PUTHEN PARAMBU, PURAKKATTUMURI, PURAKKAD VILLAGE. ADV. SRI.A.MOHAMMED FOR R6 & 9 GOVT.PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26287/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENTS DT.5.8.2008. EXT.P2: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT.5.8.2008. EXT.P3: COPY OF THE PETITON SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT.5.8.2008. EXT.P4: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DT.5.8.2008. EXT.P5: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DT.5.8.2008. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ---------------------------------------- W.P.(C) No.26287 OF 2008 ---------------------------------------- Dated this the 13th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is the President of Sakha No.58 of Purakkattu Karayogam of the Kerala Dheevara Sabha. The said Karayogam started a scheme for collecting deposits from the members and granting loans to them, on the basis of a decision of the general body of the Karayogam. Based on that decision, deposits were being collected offering interest and loans were granted to the members of the Karayogam utilising that fund. While so, the Karayogam decided to construct a buildings for a new office for it, as also a shopping complex and auditorium. Part of the money collected was diverted for constructing those buildings. As a result, interest could not be paid to the depositors in time and owing to financial stringency, the building was also not completed. Many people made a run on the Sakha demanding payment of the principal amount as also the interest. The petitioner personally borrowed amounts from third parties and paid interest to the depositors, it is submitted. W.P.(C) No.26287/2008 2 Inspite of the earnest efforts of the petitioner to run the scheme, the respondents 6 to 9 are abusing him and threatening the petitioner and his family members. So, he has filed representations before the respondents 1 to 5 seeking police protection. Exts.P1 to P5 are the representations filed by him in this regard. But, the police did not take any action. Hence, this writ petition. 2. The learned Government pleader, upon instructions, submitted that offering 30% interest amounts to the tune of Rs.1.55 crore was collected from the public, out of which, an amount of Rs. 55 lakhs was expended for the construction of the building. The balance amount is with the petitioner. The depositors are demanding back their deposits with interest. Since the petitioner failed to pay the amount, several complaints were received in the police station against the petitioner and a crime under Section 406 of the I.P.C. has already been registered against him. 3. The respondents 6 to 9 submitted that the allegations made against them are unfounded. Four crimes have been W.P.(C) No.26287/2008 3 registered against the petitioner based on the complaints made by the depositors. To wriggle out the liability to pay the amount due to them, this writ petition is filed, it is submitted. 4. Going by the facts of the case, we think that this is not a fit case where this Court should exercise its discretionary jurisdiction under Article 226 of the Constitution of India. The petitioner who is accused of having misappropriated public funds cannot be permitted to invoke the jurisdiction of this Court. The police cannot be asked to stand guard for a person, who is facing allegations of misappropriation and fraud. The petitioner has to invoke the ordinary remedies available to him to redress his grievance by moving the competent criminal or civil court. Accordingly, the writ petition is dismissed, without prejudice to the contentions of the petitioner and his right to move other forums for appropriate reliefs. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps