IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 20810 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------ EBRAHIM ABDULLA, AGED 34 YEARS, S/O. ABDULLA, RESIDING AT CC NO. 14/1102-A, ALNAS HOUSE, NAZARATH, COCHIN - 682 002. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): ---------------------------- 1. CITY POLICE COMMISSIONER,COCHIN, 10TH FLOOR, REVENUE TOWER, PARK AVENUE, ERNAKULAM, COCHIN - 682 011. 2. ASSISTANT COMMISSIONER OF POLICE, MATTANCHERY POLICE STATION, COCHIN - 682 002. 3. CIRCLE INSPECTOR OF POLICE, MATTANCHERY POLICE STATION, COCHIN - 682 002. 4. SUB INSPECTOR OF POLICE, MATTANCHERY POLICE STATION, MATTANCHERY, COCHIN - 682 002. 5. SUB INSPECTOR OF POLICE, THOPPUMPADY POLICE STATION, THOPPUMPADY, 6. K.C. JAMES, AGED 38 YEARS,S/O.NOT KNOWN TO THE PETITIONER, RESIDING AT KIZHAKKE VATTATHIL HOUSE, EDATHALA, ALUVA, PIN - 683 561. Kss ..2/- ..2.... WPC.NO.20810/2011 A 7. SOBY MON, AGED 35 YEARS, S/O.K.T. DINESAN, RESIDING AT KORAKKAL HOUSE, C I JOSEPH ROAD, KARUVELIPADY, THOPPUMPADY, COCHIN - 682 005. 8. RAPHEL BONY, AGED ABOUT 40 YEARS, S/O.BONY, RESIDING AT PUNNAPARAKKAL HOUSE, 15/2312, MUNDANVELI.P.O, COCHIN - 682 007. 9. SHAMEER VALAVATH, KAPPALANDI MUKKU, MYSORE KA PALLI VIA, COCHIN - 682 005. 10. RIFAS, S/O. MUHAMMED ALI, RESIDING AT NEAR LAKESHORE HOSPITAL, KUNDANNNUR, MARADU.P.O, NETTUR, COCHIN - 682 304. 11. AJITH AMEER BHAVA, S/O. AMEER BHAVA, RESIDING AT CHEMEEN'S JUNCTION, MAVELI ROAD, THOPPUMPADY, COCHIN - 682 005. 12. K.T.DINESAN, RESIDING AT KORAKKAL HOUSE, C I JOSEPH ROAD, KARUVELIPPADY, THOPPUMPADY, COCHIN - 682 005. 13. MOOVAD, AGED 25 YEARS, S/O.SIDDIQUE BASHA, CHULIKKAL, COCHIN - 682 005. R1 TO R5 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS R6 BY ADVS. SRI.K.S.MADHUSOODANAN, SRI.THOMAS CHAZHUKKARAN, SRI.THUSHAR NIRMAL SARATHY, SRI.M.M.VINOD KUMAR, SRI.P.K.RAKESH KUMAR, SMT.M.A.RUXANA. R7 TO R13 BY ADVS.SRI.C.J.SOLOMAN, SRI.P.A.WAZEEM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20810/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF FLEX BANNER PROPAGATING FALSE AND DEFAMATORY ALLEGATIONS AGAINST PETITIONER BY 6TH AND 7TH RESPONDENTS. P1(A): COPY OF FLEX BANNER PROPAGATING FALSE AND DEFAMATORY ALLEGATIONS AGAINST PETITIONER BY 6TH AND 7TH RESPONDENTS. P2: COPY OF REPRESENTATION DTD. 26/07/2011 SUBMITTED BY PETITIONER BEFORE RESPONDENTS 1 - 5. P3: PHOTOGRAPHS SHOWING EXTENT OF DAMAGE AND DESTRUCTION CAUSED BY RESPONDENTS 6 -13. RESPONDENT'S EXHIBITS: R6(A): COPY OF THE COMPLAINT DTD. 11/07/2011 TO THE ASSISTANT COMMISSIONER OF POLICE, ERNAKULAM. R6(B): COPY OF THE STATEMENT OF ACCOUNT SHOWING THE REPAYMENT. R6(C): COPY OF THE FIR CRIME 1319/2011 UNDER SECS.13 AND 17 OF KERALA MONEY LENDERS ACT,1958. R6(D): COPY OF THE REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 14/07/11. P6(E): COPYOF THE STOP MEMO ISSUED BY 6TH RESPONDENT DTD. 16/07/11. R6(F): COPY OF THE STOP MEMO ISSUED BY SEENA JAMES DTD.16/07/11. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 20810 of 2011 ----------------------------------------------- Dated this the 8th day of August, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioner who is doing money lending business has approached this Court seeking police protection directions in respect of his life and the lives of his employees and also for the peaceful conduct of his hotel business without interference and obstructive activities from respondents 6 to 13. After service of notice was completed, this court on hearing the learned Govt. pleader who had obtained instructions from the concerned police officials passed an interim order which was to the following effect: “The learned counsel for the petitioner presses for interim directions. The learned Government Pleader after taking instructions submits that in the perception of the police, there is a dispute between the petitioner - a restaurant owner, on the one hand and respondents 6 to 13 on the other. The dispute is about the alleged destruction of a banner put up by respondents 6 to 13 allegedly by the petitioner. A complaint has been received from the petitioner and the police shall ensure that there is no resort to violence by respondents 6 to WP(C).20810/11 -2- 13, submits, submits the learned Government Pleader. We accept that submission of the learned Government Pleader. In these circumstances, no specific further interim directions are necessary.” 2. Today we have heard the counsel appearing for the respondents as well as the learned Govt. Pleader. The counsel for the 6th respondent submitted that the 6th respondent has absolutely nothing to do with the allegations and accusations contained in this writ petition. The petitioner is a money lender who is in the habit of charging exorbitant rates of interest. The 6th respondent only raised his protest in the matter of collection of exorbitant rate of interest by the petitioner. It is by way of retaliation that the 6th respondent's name is unnecessarily dragged into this writ petition. He also submitted that acting on the complaint submitted by 6th respondent, the police has registered a crime against the petitioner as Crime No. 1319 of 2011 of Ernakulam Town North Police Station. Mr. Vipindas, WP(C).20810/11 -3- learned Govt. Pleader submitted that registration of the above crime is correct and in that crime the petitioner was arrested and remanded to judicial custody. 3. Having considered the submissions addressed, we are of the view that if the petitioner was having some grievance, the same has been redressed by the interim order dated 3-8-2011 passed by this Court. There is no warrant for issuance of any further directions from this Court. The police is directed to thoroughly investigate into crime No. 1319/11 and to submit final report on the basis of the information collected in the investigation. The writ petition is disposed of as above. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/- The words “doing money lending business” occurring in the WP(C).20810/11 -4- first sentence of the judgment dated 08-08-2011 in WP(C) 20810/2011 are deleted and substituted as “a hotelier” as per order dated 20-09-2011 in RP. No. 672/2011 in WP(C) 20810/2011. Sd/- Registrar(Judicial)