IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 16452 of 2008(H) -------------------------- PETITIONER: ------------ P.A.MOHAMMED ALI, MANGING PARTNER M/S.RAY'S TRAVEL BUREAU, HAKIM BUILDIG, HAMALWADI, DHOBI TALAO, MUMBAI-400002 HAVING ITS BRANCH OFFICE AT 39/6830, ROHINI BUILDING, OPP.HDFC BANK BUILDING, RAVIPURAM JN., M.G.ROAD,KOCHI.682016 BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI RESPONDENTS: ---------------- 1. STATE OF KERALA, REP. BY THE COMMISSIONER OF POLICE, ERNAKULAM 2. THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA. 3. THE S.I. OF POLICE,. TOWN SOUTH POLICE STATION, ERNAKULAM. 4. DAVIS.P.T., PATTERY HOUSE, KOMBATTUKADAVU.PO., PUTHENCHIRA, TRICHUR PIN-680682 BY GOT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 ADV. SRI.K.N.PADMAKUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.16452/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE LETTER DATED 1.2.2008. EXT.P2: TRUE COPY OF THE VISA. EXT.P3: TRUE COPY OF THE LETTER DATED 1.2.2008. EXT.P4: TRUE COPY OF THE TELEGRAM DATED 24.4.08. EXT.P5: TRUE COPY OF THE PETITION DATED 29.5.08. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.16452 OF 2008 ----------------------------------------------------- DATED THIS THE 9th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the Manging Partner of Ray's Travel Bureau. The 4th respondent entrusted his passport for getting visa for employment abroad. The petitioner submits, there was some delay in arranging the visa, but the visa was subsequently arranged as evident from Exhibit P2. By that time, the 4th respondent, for whom the visa was arranged and who deposited the passport with the petitioner for the same, moved the Commissioner of Police complaining against the petitioner. The petitioner submits, the 4th respondent was informed to come and collect the visa and the passport, but he did not respond to the intimation. The term of the visa also expired in the meantime. The 4th respondent failed to pay the service charges due to the petitioner. So he has filed O.S.No.695/08 before the Munsiff's Court, Ernakulam for recovering the amount of Rs.49,500/- from the 4th respondent. The 4th respondent's passport was produced before the said court. But the police is unnecessarily harassing and compelling the petitioner to return the passport. Hence this writ petition seeking appropriate reliefs. W.P.(C)No.16452/08 -2- 2. The 4th respondent submits that the petitioner has received Rs.20,000/- from him. When visa was ready, he was directed to meet another travel agent who demanded Rs.40,000/- from him. Therefore, he retracted from the deal and demanded return of his passport. But the petitioner has failed to return it. He denies other allegations of the petitioner. 3. The learned Government Pleader upon instructions submitted that the police only interfered to see whether the passport could be returned to the 4th respondent. 4. Now that the matter is pending before the civil court, the parties have to approach the civil court for appropriate reliefs. We record the submission of the learned Government Pleader that the police have no intention whatsoever to harass the petitioner. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn