IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 WP(C).No. 16217 of 2011(B) -------------------------- PETITIONER(S): ----------------------- 1. AYURWAY AYURVEDIC HEALTH CENTRE LTD NAGAMBADAM, KOTTAYAM DISTRICT, REP.BY ITS MANAGING DIRECTOR SABU.P.O, 2. UNIDO MARKETING PVT LTD, TECHNO TOP BUILDING, V.M.BASHEER ROAD, CALICUT, PIN-673001, REP.BY ITS CHAIRMAN & MANAGING DIRECTOR, MOHAMMED ICKBAL CHOLAYIL. 3. TIK INNOVATORS MARKETING PVT LTD, GROUND FLOOR, HIBA COMPLEX, CALVARY ROAD, TRICHUR, REP.BY ITS MANAGING DIRECTOR, ALEX PLAKKAN. 4. NOBLE INDIA GRAMINA SUPER MARKET LTD GULF COMPLEX, BADIYADUKKA P.O., PERDALA, KASARAGOD DISTRICT, REP.BY ITS PROMOTOR VINOD KUMAR. BY ADV. SRI.SIVAN MADATHIL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY ITS HOME SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695001. 3. SUPERINTENDENT OF POLICE KOTTAYAM-686001. 4. SUPERINTENDENT OF POLICE, THRICHUR-680001. ....2/- WP(C) No.16217 of 2011(B) :2: 5. SUPERINTENDENT OF POLICE, KASARAGODE-671121. 6. COMMISSIONER OF POLICE CALICUT-673020. R1 TO R6 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: krj WP(C) No.16217 of 2011(B) APPENDIX PETITIONER'S EXHIBITS:- P1:- COPY OF THE CERTIFICATE OF INCORPORATION DATED 28.10.2010. P1(A):- COPY OF THE CERTIFICATE OF INCORPORATION DATED 01-7-2010. P1(B):- COPY OF THE CERTIFICATE OF INCORPORATION DATED 16.9.2010. P1(C):- COPY OF THE CERTIFICATE OF INCORPORATION DATED 19.8.2009. P2:- COPY OF THE CARD NO.AA1CA3757D DATED 28.10.2010 ISSUED BY THE INCOME TAX PAN SERVICE UNIT. P2(A):- COPY OF THE CARD NO.AABC01492M DATED 21.7.2010 ISSUED BY THE INCOME TAX PAN SERVICE UNIT. P2(B):- COPY OF THE CARD NO.AACCT 96 12N DATED 17.4.2008 ISSUED BY THE INCOME TAX PAN SERVICE UNIT. P2(C):- COPY OF THE CARD NO.AADCN 1234 F DATED 19.8.2009 ISSUED BY THE INCOME TAX PAN SERVICE UNIT. RESPONDENT'S EXHIBITS:-'NIL' //TRUE COPY// P.A TO JUDGE R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(C) No.16217 of 2011-B ***************************** Dated this the 23rd day of June, 2011 JUDGMENT BASANT, J. The petitioners have come to this Court complaining of harassment by the police. According to the petitioners, they are not undertaking any activity in violation of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978. The police are indulging in unjustified acts of vexation and harassment against the petitioners. The activity of the petitioners does not in any way offend the said Act. No crime has been registered. But under the guise of checking and monitoring the activities to ensure that the said Act is not violated, the petitioners are being harassed. The petitioners have given detailed statements before the police about the nature of the activities undertaken by them. The police ought to be satisfied really that the petitioners are not indulging in any activities contrary to the provisions of the said Act. In these circumstances, acts of vexation may be avoided. This in short is the plea of the petitioners. W.P(C) No.16217 of 2011-B - 2 - 2. The learned Government Pleader after taking instructions submits that the police is not indulging in any vexatious action to harass the petitioners. It is the duty of the police to ensure that gullible sections of the public are not misled and clever innovators do not take gullible members of the public to ransom by such activities. No allegations specifically have been raised against the petitioners and no crimes have been committed. But the police are discharging their duty to ensure that the public are not deceived. As yet, no action is initiated against the petitioners. But if it is realised that action deserves to be taken against him, appropriate action in accordance with law alone shall be taken, undertakes the learned Government Pleader on behalf of the respondents. 3. We are, in these circumstances, satisfied that no further specific directions need be issued. We accept the submission of the learned Government Pleader that action shall be taken against the petitioners, if necessary, only in accordance with law after registering crimes. In these circumstances, we W.P(C) No.16217 of 2011-B - 3 - are not persuaded to issue any specific directions under Article 226 of the Constitution of India now. 4. This Writ Petition is, in these circumstances, dismissed with the above observations. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/