IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 12488 of 2011(I) ------------------------------------- PETITIONER: ------------------- UNNI MON, AGED 34 YEARS, S/O.GOPINATHAN PILLAI, RESIDING AT UNNI BHAVAN, ALUMOODU.P.O., KOLLAM, WORKING AS MANAGER, ANANDA SILA CHITS (PVT.) LIMITED, KERALA, NAVAIKULAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.TRIPTEN. RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE (RURAL), THIRUVANANTHAPURAM- 695 001. 2. SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM- 695 001. 3. SUB INSPECTOR OF POLICE, ARYANAD POLICE STATION, THIRUVANANTHAPURAM-695 542. 4. PRADEEP MOHAN, MANJU BHAVAN, NEDUNGOLAM, PARIPPILLY- 691 574. R1 TO R3 BY GOVT. PLEADER SMT. C.M. CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2011, ALONG WITH W.P.(C). NO. 18357 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12488/2011-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT SUBMITTED BY PETITIONER BEFORE THE R.1. DTD. 18/04/2011. EXT.P.2: COPY OF THE COMPLAINT SUBMITTED BY PETITIONER BEFORE THE R.3. DTD. 18/04/2011. EXT.P.3: COPY OF THE COMPLAINT SUBMITTED BY PETITIONER BEFORE THE R.2. DTD. 18/04/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. --------------------------------------------------------- W.P.(C).Nos.12488 and 18357 of 2011 -------------------------------------------------------- Dated this the 21st day of July, 2011 J U D G M E N T ---------------------- Pius C. Kuriakose, J. WP(C).No.18357/2011 is filed by one B. Binu, who claims to be presently conducting a chitty business under the name Anandasila Chit Funds and WP(C).No.12488/2011 is filed by one Unni Mon, who is said to be its Manager. The common allegation in both these writ petitions is that there is threat to the lives and to the business of the petitioners from the 4th respondent in WP(C). No.18357/2011, who was previously a partner of Anandasree Chit Funds. According to the petitioner, Sri.Pradeep Mohan (who is the 4th respondent in WP(C). 12488/11) is responsible for the breakdown of Anandasree chit funds which owes substantial amounts to its several customers/subscribers. Now the subscribers of Anandasree chit funds are after Sri.Pradeep Mohan. He is turning those W.P.(C).12488 & 18357 of '11 -2- customers/subscribers against the petitioners and at his behest there is threat on the lives of the petitioners and also for further peaceful conduct of Anandasila chit funds by the petitioners. 2. Smt. Charisma, learned Government Pleader on the basis of instructions received from the police submitted that it may not be correct to say that Mr.Pradeep Mohan alone is responsible for the failure of Anandasree chit funds. On the basis of complaints received from several subscribers of Anandasree chit funds 3 crimes namely, Crime No.344/2011 of Venjaramoodu Police Station, Crime No.193/2011 of Maranelloor police station and Crime No.365/2011 of Aryanad police station have been registered and in all these crimes Sri. Binu is an accused. Binu was arrested by the police and remanded to judicial custody, but later discharged by the Magistrate court. She submitted that Sri.Pradeep Mohan does not figure as accused in the above 3 crimes or any complaints submitted by the customers of Anandasila. According to her at the moment W.P.(C).12488 & 18357 of '11 -3- there is no law and order situation or any threat to the lives of petitioners in either case. 3. Sri.M.Tripten, learned counsel for petitioners would oppose her submissions. According to him, Pradeep Mohan was a previous partner and manager of Anandasila. 4. Having anxiously considered the submissions addressed at the bar and having gone through the materials placed on record we do not think that any case is made out by the petitioners for issuance of police protection directions sought for. However, we dispose of both the writ petitions with the following directions:- The police officer investigating into Crime Nos. 344/2011, 193/2011 and 365/2011 and all other crimes pertaining to these cases around business conducted by Anandasree chit funds shall conduct the investigation seriously and expeditiously and file final report at his earliest. Vigil shall be kept by the 1st respondent over the business premises of Anandasila chit funds and if it is reported that there W.P.(C).12488 & 18357 of '11 -4- is any interference with the conduct of business, or if there is any threat on the lives of the petitioners the needful shall be done by the 1st respondent by taking such immediate action as warranted in the circumstances. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb