IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WA.No. 1999 of 2009 --------------------- AGAINST THE ORDER IN WPC.19902/2009 Dated 13/08/2009 .................... APPELLANT/PETITIONER: --------------------------- TEAM LIFE CARE INSURANCE(INDIA)PVT.LTD., (COMPANY REGD.NO.U66010TZ004PTCO11387), HAVING ITS OFFICE AT TLC BUILDING, SH.AYYAPPA ARCADE,A4 PAMPA EXTENSION, HEBBAL,KEMPAPURA,BANGALORE-560024, REP.BY ITS MANAGING DIRECTOR,MR.R.KANDAVEL. BY ADV. SRI.P.JACOB VARGHESE, SENIOR ADVOCATE SRI.VARUGHESE M EASO SRI.K.R.MICHAEL RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF POLICE, KOCHI CITY,POLICE HEADQUARTERS,ERNAKULAM. 4. THE ASST.COMMISSIONER OF POLICE, ERNAKULAM. BY SR. GOVT. PLEADER, SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/09/2009, ALONG WITH WPC NOs. 19902 & 23037 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1999 OF 2009, W.P.(C) Nos. 19902 and 23037 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of September, 2009 JUDGMENT Basheer, J. These three cases are being heard and disposed of by this common judgment, since the issue involved in them is common. 2. The writ appeal is filed against an interim order passed by a learned Single Judge in WP(C) No.19902 of 2009. By the impugned order the learned Single Judge refused to stay the operation of Ext.P18 order dated August 10, 2009, by which the Commissioner of Police, Kochi City directed the appellant/petitioner to stop the “Money Circulation Scheme and Referral Insurance Marketing” forthwith. The learned Single Judge however made it clear that pendency of the writ petition will not stand in the way of registration of any crime against the appellant/petitioner. It was further clarified that the interim order however would not WA No.1999 of 2009, WP(C) Nos.19902 and 23037 OF 2009 -:2:- “indicate that any crime had been committed or otherwise”. Learned Senior Counsel appearing for the appellant/petitioner, while assailing the impugned order takes particular exception to the above observation made by the learned Single Judge. 3. Admittedly appellant is a private limited company engaged in the business of selling IRDA licensed Insurance Policies of M/s.Bajaj Allianz through Referral/Multilevel Marketing System. The products are sold to its customers and the customers in turn are allowed to sell those products to their customers and earn commission. Appellant claims that it is a service provider and Referral Agent of M/s.Bajaj Allianz and is doing lawful business only. The prayers in the Writ Petition read thus: “a) Issue a writ of certiorari quashing Exhibit.P18; b) Issue a writ of mandamus or an appropriate writ, order or direction in the nature of Mandamus, declaring the activity of the Petitioner in selling the IRDA Licenced Insurance Policies of Bajaj Allianz and selling the same through its Co-ordinators by using the Referral marketing System by suing “The Referral-/Multi Level Marketing System”, is legal and not in contravention of the provisions of “The Prize Chits and Money Circulation Schemes WA No.1999 of 2009, WP(C) Nos.19902 and 23037 OF 2009 -:3:- (Banning) Act, 1978” and/or; c) Issue a writ of Prohibition or an appropriate writ, order or direction in the nature of Prohibition forbearing the Respondents herein from in any manner by themselves or their subordinates or agents or men from in any manner interfering with the lawful business activities of the Petitioner by e3ither freezing of accounts or interfering in the conduct of the Seminars and Promotional meetings held for the Coordinators and prospective Coordinators.” 4. We do not propose to deal with the various contentions raised by the appellant in support of its plea that the impugned restraint order issued by the City Police Commissioner, Kochi is wholly illegal and unsustainable. It is brought to our notice that several other High Courts like Karnataka, Andhra Pradesh, Madras, Punjab and Haryana etc have permitted similar operators to continue to function on the strength of interim orders. 5. It is also brought to our notice that the Supreme Court in Transfer Petition(Civil) No.246 of 2009 has already directed that all pending matters before the above mentioned courts be heard by Delhi High Court. WA No.1999 of 2009, WP(C) Nos.19902 and 23037 OF 2009 -:4:- 6. Learned Senior Counsel submits that the appellant will take steps to approach the Delhi High Court in terms of the direction issued by the Apex Court and seek appropriate interim orders in the matter. He prays only for some breathing time to enable him to do so. 7. Having regard to the entire facts and circumstances we are satisfied that the impugned order issued by the City Police Commissioner, Kochi(Ext.P18) can be kept in abeyance for a period of four weeks from today in order to enable the appellant to do the needful in this regard. Ordered accordingly. The Writ Appeal and Writ Petitions are disposed of in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb WA No.1999 of 2009, WP(C) Nos.19902 and 23037 OF 2009 -:5:-