IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 33726 of 2008(M) -------------------------- PETITIONER(S): 1 ---------------- KOMALA UNNIKRISHNAN, W/O.UNNIKRISHNAN NAIR, KERALA CHITTY FUND(REGD.), ADMN OFFICE 3RD FLOOR, PAN AFRICAN PLAZA, PULIMOODU, THIRUVANANTHAPURAM-695001. BY ADV. SRI.R.RAMADAS RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR. 2. THE SUPERINTENDENT OF POLICE, WAYANAD. 3. THE CIRCLE INSPECTOR OF POLICE KANNUR. 4. THE CIRCLE INSPECTOR OF POLICE, MANANTHAVADY. 5. THE SUB INSPECTOR OF POLICE, SULTHAN BATHERI. 6. THE SUB INSPECTOR OF POLICE, KALPETTA. 7. C.V.SAMPREETH, S/O.C.D.PADMANABHAN, CARLAND, OPP.SREEPURAM SCHOOL PALLIKKUNNU PO., KANNUR. 8. SHAMSUDHEEN, S/O.MUSTHAFA FATHIMAS, MYTHANAPPALLY, KANNUR. ADV. SRI.P.M.PAREETH FOR R7 SR. GOVT. PLEADER SRI.BENJAMIN PAUL – R1 TO R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 33726/2008 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE COMPLAINT DATED 30.09.2008 FILED BEFORE THE RESPONDENTS 1 AND 2. /TRUE COPY/ K.BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. ----------------------------------------- W.P.(C) NO. 33726 OF 2008-M ----------------------------------------- Dated 12th December, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is running a chitty and her business establishment has got branch offices all over the State. Some of the branches are functioning in Kannur and Wayanad districts. The petitioner could not pay the amounts due to her customers in time in those districts, owing to paucity of funds. The reason for depletion of resources was the misappropriation from the part of some of her employees. The petitioner submits, she is trying her level best to raise funds and pay the amounts due to her customers. Even after the filing of the writ petition, substantial amounts were disbursed. Because of the obstruction caused and the problems created by respondents 7 and 8, the branches in Wayanad and Kannur districts cannot be opened. So, she moved the Superintendents of Police of Wayanad and Kannur districts, by filing Ext.P1 representation, seeking necessary protection to open the WPC 33726/08 2 branches and function them. Copies of the said representation were sent to the concerned Sub Inspectors of Police also, it is submitted. Since the police did not extend any helping hand, this Writ Petition is filed, seeking appropriate reliefs. The petitioner points out that respondents 7 and 8 are two of her customers, to whom some amounts are due. Substantial part of the amounts due to them has already been cleared. The balance amount will be also be paid without delay, it is submitted. 2. The 3rd respondent Circle Inspector of Police has filed a statement, stating that the branches of the petitioner's Chitty Fund in Wayanad district were closed in December, 2007 itself, owing to financial difficulties. Nobody created any obstruction to the functioning of the branches in that district. 12 crimes have been registered against the petitioner for the offences punishable under Sections 406 and 420 of the I.P.C. The petitioner has not filed any complaint concerning any obstruction by any one to the branches of her Chitty Fund in Wayanad district. The closure of those branches was due to the financial difficulties of the petitioner. It is also understood WPC 33726/08 3 that same is the case of the branches in Kannur and other districts. The 3rd respondent has also stated that the subscribers to whom amounts are due, are creating problems, as the petitioner has failed to pay the amounts due to them. Since the petitioner has cheated a large number of people and she is an accused in several cases, it will be a travesty of justice, if the police stand guard for her business and drive away the cheated customers. 3. The petitioner has filed a reply affidavit, dealing with the averments in the statement filed by the 3rd respondent. The petitioner pointed out that during the months of November and December, 2008, she has paid an amount of Rs.8,60,260/- to various customers of Kalpetta, Mananthavady and Kannur branches. The disbursement was made from the Head Office at Thiruvananthapuram, as the branches of the Chitty Fund could not be opened in those places. 4. Going by the pleadings and materials produced by both sides, we are not satisfied that the branches of the petitioner's Chitty Fund are closed because of the obstruction caused by respondents 7 and 8. If the amounts due to those customers are paid, they will not cause any WPC 33726/08 4 obstruction or raise any protest against the petitioner. If she could not open the branches of her Chitty Fund, she should blame herself. A person accused of cheating several persons cannot be granted police protection by this Court under Article 226 of the Constitution of India. The petitioner has to work out the ordinary remedies available to her under law by moving the competent civil and criminal courts. Accordingly, the Writ Petition is dismissed without prejudice to the contentions of the petitioner and her right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. V.K.MOHANAN, JUDGE. Nm/