IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11129 of 2008(Y) -------------------------- PETITIONER: ------------ RIAZ USMAN, S/O.USMAN, AGED 43 YEARS, TC.6/1248,MARUTHANKUZHY, KANJIRAMPARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.PATHIRIPALLY S.KRISHNAKUMARI SRI.SABU S.KALLARAMOOLA RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, VATTIYOORKAVU POLICE STATION, VATTIYOORKAVU,THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, PERRORKADA CIRCLE, PERRORKADA, THIRUVANANTHAPURAM. 3. FRANCIS JOHNSON, S/O.FRANCIS, AGED 52 YEARS, PALLIVADAKKATHIL VEEDU, ARAYATHURUTHY, CHIRAYINKIL P.O., THIRUVANANTHAPURAM. 4. DENNIS SOLOMON,S/O.DENNIS, PUTYHENVELLA PUTHEN VEEDU, VETTUADE, KULAMATTOM P.O., MOONGODE, THIRUVANANTHAPURAM. 5. PRAKASH.S., S/O.THATTAMVILAKOM SADASIVAN PANDARATHU VEEDU,CHEMMARUTHY, VADASSERRYKONAM P.O.,THIRUVANANTHAPURAM. 6. ALPHOSE PHEREERA,SAPHALYAM, PUTHENTHOPPU P.O.,THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.11129/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF REGISTRATIN CERTIFICATE NO.08/214/III ISSUED BY THE ASSISTANT LABOUR OFFICER. EXT.P2 COPY OF THE COMPLAINT 18.3.2008 BEFORE THE 1ST RESPONDENT AGAINST RESPONDENTS 3 TO 6. /TRUE COPY/ cl K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NO.11129 OF 2008-Y -------------------------------------------------------------- Dated this the 7th day of April, 2008. JUDGMENT Balakrishnan Nair, J: The petitioner submits, he is running a travel agency in the name and style “Universal Travel Enterprises”. He proposed to conduct a tour to Israel and collected money from respondents 3 to 6 and others for the said purpose. Because of the internal disturbances in Israel, the tour was postponed. While so, respondents 3 to 6 started coming to his office demanding their money back. Later they interfered with the functioning of his office. He is not permitted to run the establishment or live in his house peacefully with his family. In the above background, seeking police protection, the petitioner has preferred Ext.P2 representation and thereafter this writ petition is filed. 2. The learned Government Pleader, upon instructions, submitted that two years back the petitioner collected money under the guise of a proposed tour and the same never materialised and a crime has been registered by the local police against the petitioner. Now, WPC.NO.11129/2008 . 2 the investigation of the said crime is made over to the C.B.I. This time also, he collected money under the guise of the proposed tour and the tour never took place and therefore, the persons who paid the money are demanding re-payment of the same. Now the petitioner has closed down his office and vanished. 3. The learned counsel for respondents 3 to 5 submitted that the petitioner has received Rs.3.35 lakhs from them for the tour. The tour was scheduled to be held in connection with the last year's Easter. The petitioner also offered employment to them in Israel. But, they could not travel to Israel or get employment. So, they demanded the money back. 4. The learned counsel for the petitioner submitted that the allegations made against him are incorrect and he has not vanished and he has not closed down his office. 5. Having regard to the nature of the allegations and counter allegations, we are not inclined to grant any police protection to the writ petitioner. If his rights are infringed, he may take recourse to the ordinary remedies available to him under the Codes of Civil WPC.NO.11129/2008 . 3 Procedure and Criminal Procedure. Without prejudice to his contentions and his right to move other appropriate forums, this writ petition is dismissed. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl