IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 1372 of 2011(V) ------------------------- PETITIONER(S): --------------- 1. NANO EXCEL CORPORATION LIMITED, XXXII/204, EDAPPALLY TOLL, ERNAKULAM-682 021, REPRESENTED BY ITS BRANCH MANAGER. 2. NANO EXCEL ENTERPRISES PVT.LTD., XXXII/204, EDAPPALLY TOLL, ERNAKULAM-682 021, REPRESENTED BY ITS BRANCH MANAGER. 3. G.MURUGAN, S/O.GANAPATHI, BRANCH MANAGER, NANO EXCEL CORPORATION LIMITED, XXXII/204, EDAPPALLY TOLL, ERNAKULAM-682 021. BY ADV. SRI.M.C.SEN, SENIOR ADVOCATE SRI.V.B.UNNIRAJ SMT.R.S.GEETHA RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.- 696 001. 2. THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY. 682 201. 3. M.L.AUGASTHY, MAMPILAL HOUSE, KALTHOTTY.P.O., AYYAPPAN KOVIL, KATTAPPANA, IDUKKI. 685 046 4. K.K.RADHAKRISHNAN, KANGLATH HOUSE, KUTTENCHERRY.P.O., ERUMAPETTY VIA, THRISSUR. 680048 W.P.(C) 1372/2011 :2: 5. TOM K.THOMAS, KAKKATTU HOUSE, LABBAKADA, THOPPIPALA.P.O., IDUKKI-685 511. 6. JIJO THOMAS, KALAPURAKKAL HOUSE, VELLILAMKANDAM, KALTHOTTI POST, KATTAPPANA-685507. 7. SHIJU JOSE, THYPPARAMBIL, SANTHANPARA, POOPARA.P.O., IDUKKI-685 507. 8. SHINOY, KOPPA HOUSE, PUTHURKKARA, AYYANTHOLE.P.O., THRISSUR-680 003. 9. CHARLES VARGHESE, THOPPIL HOUSE, MARATTICHUVADU, EDAPPALLY, KOCHI-24. 10. K.V.JOHNSON, KALINGAPADAM HOUSE, NEAR SCHOOL PADY, CHITTOOR ROAD, PACHALAM, ERNAKULAM. 11. BIJESH KUMAR, PALM VILLA, COSMOS ROAD, NEAR PARRY JUNCTION, THOPPUMPADY.P.O., KOCHI-5. 12. P.S.ABRAHAM, 27/4510, PULIYILATH HOUSE, PERUMANUR, THEVARA, KOCHI-682 415. ADDITIONAL RESPONDENTS: 13. S. SWAMYNATHAN, NO. 87/A, SURYA NAGAR, NETTAYAM, TRIVANDRUM - 13. 14. P.D. LONAPAN, PUTHUKARA HOUSE, P.O. CHITTALAPPALLY, TRICHUR. 15. K. CHANDRAN NAIR, KOTTARATH HOUSE, P.O. CHITTILAPPALLY, TRICHUR. (ADDITIONAL R13 TO R15 ARE IMPLEADED AS PER ORDER DATED 4.2.2011 ON I.A. 1773/2011 ) W.P.(C) 1372/2011 :3: ADDITIONAL RESPONDENTS: 16. P.P. FRANCIIS, S/O. PORINJU, NEAR HEALTH CENTRE, P.O. PURANATTUKARA, THRISSUR - 680 551. 17. VINOD R., S/O. M. RAJENDRAKUMAR, MARY DALE, T.C.. 20/21, HOUSE NO. 56, MELLAVANOOR ROAD, KILLIPALAM, KARAMANA P.O., THIRUVANANGTHAPURAM. 18. RAJESH JINADEVAN, S/O.. JINADEVAN, JAGATHY N.K. ACHARI ROAD, THYCAUD P.O., THIRUVANANTHAPURAM. (ADDITIONAL RESPONDENTS 16 TO 18 ARE IMPLEADED AS PER ORDER DATED 4.2.2011 ON I.A. NO. 2006 OF 2011) GOVERNMENT PLEADER SMT. C.M. CHARISMA ADV. SRI.C.D.DILEEP FOR R3-12 SRI.R.K.MURALEEDHARAN FOR ADDL.R13-15 ADDL. R16 TO R18 BY ADVS. M/S. THOMAS T.VARGHESE & PHILIP T.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 1372/2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE PETITION FILED BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R11(A) TRUE COPY OF THE BROCHURES ISSUED IN THE NAME OF NANO EXCELL, THE PETITIONER HEREIN. EXT.R11(B) TRUE COPY OF THE DOCUMENT SHOWING DOWN THE LIST OF 12TH RESPONDENT (ID NO. 59422). EXT.R11(C) TRUE COPY OF THE PAPER NEWS PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 11.2.2010. EXT.R11(D) TRUE COPY OF THE FALSE RECEIPTS ISSUED BY THE PETITIONER TO THE VARIOUS AGENTS. EXT.R11(E) TRUE COPY OF THE NEWS PAPER CUTTING SHOWING THE SEIZURE OF BLACK MONEY. EXT.R11(F) TRUE COPY OF THE COMPLAINT FILED BY THE 8TH RESPONDENT TO THE MANAGING DIRECTOR DATED 19.11.2010. EXT.R11(G) TRUE COPY OF THE E MAIL REPLY FILED BY THE CHAIRMAN/MANAGING DIRECTOR. EXT.R11(H) TRUE COPY OF THE E MAIL SENT BY THE RESPONDENTS TO THE CHAIRMAN / MANAGING DIRECTOR. EXT.R11(I) TRUE COPY OF THE REPLY MAIL. // TRUE COPY // P.S. TO JUDGE. knc/- THOTTATHIL B. RADHAKRISHNAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = = = = I.A. NOS. 1773 & 2006 OF 2011 & W.P.(C) NO. 1372 OF 2011 = = = = = = = = = = = == == = = = = DATED THIS, THE 4TH DAY OF FEBRUARY, 2011. J U D G M E N T Thottathil B. Radhakrishnan, J. I.A. NO 1773 & 2006 OF 2011 Both these applications are filed by strangers. We are satisfied that they are proper parties to the writ petition and they are accordingly impleaded as additional respondents. W.P.(C) No. 1372 of 2011 Petitioners in this writ petition are two companies and the officers of the first petitioner. Their complaint is that respondents 3 to 12 are unauthorizedly interfering with their business. Additional respondents impleaded as per separate orders issued today point out that they are the distributors of the goods dealt with by the petitioners. The respondents 3 to 12 who contest the writ petition say that they have made deposits with the petitioners and they even go to the extent of alleging that there are financial irregularities and petitioners are essentially running a money chain. We do WP(C) 1372 OF 2011 2 not propose to go into such controversies since these are matters to be looked into by officials dealing with economic offences in the administration of the Union of India and State of Kerala or in other States where such activities take place. Therefore, without prejudice to respondents 3 to 12 bringing up such complaints before the competent authorities in accordance with law, these writ petitions are ordered directing that the police will ensure that law and order is maintained and any complaint relating to the threat to life of the petitioners or any of their staff, officers, workmen etc. would be taken care of. Any request for police protection for carrying on business would be ordered by the jurisdictional District Superintendent of Police/Commissioner of Police, after looking into the credibility of the request from the angle of legality. THOTTATHIL B. RADHAKRISHNAN, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-