IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 35864 of 2010(G) ------------------------------------ PETITIONER(S): ---------------------- VISHNU KURIES AND LOANS, A PARTNERSHIP FIRM HAVING PRINCIPLE PLACE OF BUSINESS AT PERINJANAM IN KODUNGALLUR TALUK, AS REPRESENTED BY THE MANAGING PARTNER RAJAN, AGED 50, S/O.KARAYIL DAMODHARAN, PERINJANAM DESOM, KODUNGALLUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT., HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUPERINTENDENT OF POLICE, KOTTAYAM-686 001. 3. THE SUB INSPECTOR OF POLICE, CHINGAVANAM POLICE STATION, KOTTAYAM DISTRICT-686 001. 4. THE CIRCLE INSPECTOR OF POLICE, CHANGANASSERY POLICE STATION, KOTTAYAM DISTRICT-686 001. BY GOVERNMENT PLEADER SRI.ALEX M.THOMBRA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.35864 of 2010-G ---------------------------------------------- Dated, this the 3rd day of December, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief: “to issue an appropriate writ order direction commanding the respondents 2 to 4 not to harass the petitioner or interfere in any business as conducted by the petitioner or attempt to close down their shop room, and may also be pleased to issue appropriate directions to safeguard the interest of the petitioner, in the interest of justice.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is a firm. The firm and the partners are conducting business which is not only legal but as authorised by law. It is similar to the one conducted by known players in the field namely 'Gokulam Chits and Muthoot Chits'. Now the office is maintained at Chingavanam in Kottayam District. The police officials in charge of the area are unnecessarily harassing by asking the firm to close down its business. The alleged reason attributed is that there is a different limited company known in the name and style 'Karayil Vishnu Welfare Marketing Services Pvt. Ltd' which has its registered office at WPC No.35864/2010 -2- Perinjanam in Thrissur district and this limited company is in some manner associated with the Managing Partner and this company is engaged in promoting the business activity of the petitioner firm. It is stated that both the legal entities are functioning legally. It is the case of the petitioner that police have no authority to demand the petitioner to close down its business. 3. Learned Government Pleader was asked to get instructions in the matter. Learned Government Pleader, on instructions, submits as follows: The Dy.SP-CID, Kottayam submitted a report before the ADGP (Intelligence) and SP-CID, Thiruvananthapuram about the money chain business in the name and style of Vishnu Kuries short term monthly chitty Saphalyam, Chingavanam, Kottayam and it is forwarded to the Superintendent of police, Kottayam. The Superintendent of police entrusted the matter to the 4th respondent for enquiry. The enquiry is going on. The S.I demanded the petitioner to make available the original documents. It is stated that the original documents were not made available. It is submitted that enquiry revealed that there is no license from the local bodies. The chitty itself is registered under the Shops and Commercial Establishment WPC No.35864/2010 -3- Act. The registered office of the firm is at Faridabad. It is pointed out by the petitioner that in fact the firm is registered under the Punjab and Hariyana Shops and Establishments Act. 4. The learned Government Pleader further submits that only enquiry is going on and it will be done in accordance with law and that there will be no harassment otherwise. He would further submit that there will not be any arbitrary or illegal closing of petitioner's shop and that any such closing will be done only in accordance with law. Learned counsel for the petitioner would submit that petitioner is ready to make available all the records available with him. We record the submission of both the counsel and close the writ petition. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS