IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WA.No. 1769 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.25874/2011 Dated 14/10/2011 .................... APPELLANT(S): PETITIONERS ------------------------- 1. DR.M.SHAMSUDEEN, S/O.MUHAMMED ABDUL KHADAR, AGED 52 YEARS,RESIDING AT ARAFA,NLRA.51/A, NEERAZHI LANE,ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 2. A.RAHIM, S/O.ABDUL KARIM, AGED 38 YEARS, RAFA MANZIL, POONILATHU NAGAR, KAZHAKOOTAM, THIRUVANANTHAPURAM. 3. MANOJKUMAR.M., S/O.M.MADHAVAN, AGED 34 YEARS, LEKSHMI NIVAS, KARICKAL, KARIMPINPUZHA (P.O.), POTHOOR, KOLLAM- 691513. BY ADV. SMT.K.KUSUMAM SMT.SHAMNA RESPONDENT(S): --------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI-1. 2. THE SECRETARY, MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, CENTRAL SECRETARIAT, NEW DELHI-1. 3. THE KERALA STATE, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-1. 4. THE SECRETARY, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-I. 5. THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURMA-I. W.A.NO.1769/2011 6. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM-1. 7. THE SECRETARY TO GOVERNMENT, LAW DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-1. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R1,2 MS.C.K.SHERIN, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.A.No.1769 of 2011 .................................................................... Dated this the 21st day of November, 2011. J U D G M E N T Ramachandran Nair, J. The appellants are franchisees engaged in multi level marketing of products manufactured by another Company. The multi level marketing on enquiry by the Police was found to be violation of the Prize Chits and Money Circulation (Banning) Act, 1978. Consequently, cases have been registered under Sections 405 and 420 IPC against some other persons. The Company filed WP(C) No.18975/2011 before this Court challenging the action taken by the Police against certain persons. A Division Bench of this Court vide Ext.P10 judgment dated 25/07/2011 dismissed the WP(C) filed by the said Company. Instead of challenging the said judgment in appeal before the Supreme Court, the appellants filed another WP(C) for a direction to the respondents to make appropriate legislation distinguishing between bonafide business and offensive trade covered by Prize Chits and Money Circulation W.A.No.1769/2011 2 (Banning) Act. The learned Single Judge took the view that High Court in exercise of writ jurisdiction under Article 226 of the Constitution of India cannot direct the Government to make any legislation. It is seen that the judgment is rendered following several judgments of the Supreme Court. We do not find any justification to deviate from the view taken by the learned Single Judge. We, accordingly, dismiss the Writ Appeal. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg