IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 4TH FEBRUARY 2011 / 15TH MAGHA 1932 WP(C).No. 1373 of 2011(V) ------------------------- PETITIONERS: --------------- 1. NANO EXCEL CORPORATION LIMITED, NEAR TOYOTA SHOW ROOM, PUZHAKKAL ROAD, THRISSUR, REPRESENTED BY ITS BRANCH MANAGER. 2. NANO EXCEL ENTERPRISES PVT. LTD., NEAR TOYOTA SHOW ROOM, PUZHAKKAL ROAD, THRISSUR, REPRESENTED BY ITS BRANCH MANAGER. 3. G.MURUGAN, S/O. GANAPATHI, BRANCH MANAGER, NANO EXCEL CORPORATION LIMITED, NEAR TOYOTA SHOW ROOM, PUZHAKKAL ROAD, THRISSUR. BY ADV. SRI.M.C.SEN, SENIOR ADVOCATE SRI.V.B.UNNIRAJ SMT.R.S.GEETHA RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM.- 695 001. 2. THE CIRCLE INSPECTOR OF POLICE, THRISSUR TOWN WEST POLICE STATION, THRISSUR.- 680 001 3. CHARLES VARGHESE, THOPPIL HOUSE, MARATTICHUVADU, EDAPPALLY, KOCHI-24. WP(C) 1373/2011 :2: 4. K.V.JOHNSON, KALINGAPADAM HOUSE, NEAR SCHOOL PADY, CHITTOOR ROAD, PACHALAM, KOCHI-24. 5. BIJESH KUMAR, PALM VILLA, COSMOS ROAD, NEAR PARRY JUNCTION, THOPPUMPADY P.O., KOCHI-5. 6. SHINOY, KOPPARA HOUSE, PUTHURKARA, AYYANTHOLE P.O., THRISSUR-680 003. 7. P.S.ABRAHAM, 27/4510, PULIYILATH HOUSE, PERUMANNUR, THEVARA, KOCHI-682 015. ADDITIONAL RESPONDENTS: 8. S. SWAMYNATHAN, NO 87/A, SURYA NAGAR, NETTAYAM, TRIVANDRUM -13. 9. P.D. LONAPAN, PUTHUKARA HOUSE, P.O. CHITTILAPPALLY, THRISSUR. 10. K. CHANDRAN NAIR, KOTTARATH HOUSE, P.O. CHITTILAPPALLY, TRICHUR. 11. P.P. FRANCIS, S/O. PORINJU, NEAR HEALTH CENTRE, P.O. PURANATTUKARA, THRISSUR 680 551. 12. VINOD R., S/O.. M. RAJENDRAKUMAR, MARY DALE, T.C. 20/21, HOUSE NO. 56, MELLAVANOOR ROAD, KILLIPALAM, KARAMANA P.O., THIRUVANANTHAPURAM. 13. RAJESH JINADEVAN, S/O. JINADEVAN, JAGATHY N.K. ACHARI ROAD, THYCAUD P.O., THIRUVANANTHAPURAM. (ADDL. RESPONDENTS 8 TO 10 ARE IMPLEADED AS PER ORDER DATED 4.2.2011 ON I.A. NO. 1774/2011.) WP(C) 1373/2011 :3: (ADDITIONAL RESPONDENTS 11 TO 13 ARE IMPLEADED AS PER ORDER DATED 4.2.2011 ON I.A. NO. 2007 OF 2011) GOVT. PLEADER SMT. C.M. CHARISMA. ADV. SRI.C.D.DILEEP FOR R3-7 ADV. SRI.C.D.DILEEP FOR R3,5,6 & 7 ADV. SRI.R.K.MURALEEDHARAN FOR R8 TO 10 ADV. SRI.PHILIP T.VARGHESE FOR ADDL.RES. ADV. SRI.THOMAS T.VARGHESE FOR ADDL.RES. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 1373/2011 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R5(A) TRUE COPY OF THE BROCHURES ISSUED IN THE NAME OF NANO EXCELL, THE PETITIONER HEREIN. EXT. R5(B) TRUE COPY OF THE DOCUMENT SHOWING DOWN INE LIST OF 12THH RESPONDENT (ID NO. 59422) EXT.FR5(C) TRUE COPY OF THE PAPER NEWS PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 11.2.2010. EXT.R5(D) TRUE COPY OF THE FALSE RECEIPTS ISSUED BY THE PETITIONER TO THE VARIOUS AGENTS. EXT.R5(E) TRUE COPY OF THE NEWS PAPER CUTTING SHOWING THE SEIZURE OF BLACK MONEY. EXT. R5(F) TRUE COPY OF THE COMPLAINT FILED BY THE 8TH RESPONDENT TO THE MANAGING DIRECTOR DATED 19.11.2010 EXT. R5(G) TRUE COPY OF THE E MAIL REPLY FILED BY THE CHAIRMAN/MANAGING DIRECTOR. EXT.R5(H) TRUE COPY OF THE E MAIL SENT BY THE RESPLONDENTS TO THE CHAIRMAN / MANAGING DIRECTOR. EXT. R5(I) TRUE COPY OF THE REPLY MAIL . // TRUE COPY // P.S. TO JUDGE KNC/- THOTTATHIL B. RADHAKRISHNAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = = = = I.A. NOS. 1774 & 2007 OF 2011 & W.P.(C) NO. 1373 OF 2011 = = = = = = = = = = = == == = = = = DATED THIS, THE 4TH DAY OF FEBRUARY, 2011. J U D G M E N T Thottathil B. Radhakrishnan, J. I.A. NO 1774 & 2007 OF 2011 Both these applications are filed by strangers. We are satisfied that they are proper parties to the writ petition and they are accordingly impleaded as additional respondents. W.P.(C) No 1373 of 2011 Petitioners in this writ petition are two companies and the officers of the first petitioner. Their complaint is that respondents 3 to 12 are unauthorizedly interfering with their business. Additional respondents impleaded as per separate orders issued today point out that they are the distributors of the goods dealt with by the petitioners. The respondents 3 to 12 who contest the writ petition say that they have made deposits with the petitioners and they even go to the extent of alleging that there are financial irregularities and petitioners are essentially running a money chain. We do WP(C) 1373/2011 2 not propose to go into such controversies since these are matters to be looked into by officials dealing with economic offences in the administration of the Union of India and State of Kerala or in other States where such activities take place. Therefore, without prejudice to respondents 3 to 12 bringing up such complaints before the competent authorities in accordance with law, these writ petitions are ordered directing that the police will ensure that law and order is maintained and any complaint relating to the threat to life of the petitioners or any of their staff, officers, workmen etc. would be taken care of. Any request for police protection for carrying on business would be ordered by the jurisdictional District Superintendent of Police/Commissioner of Police, after looking into the credibility of the request from the angle of legality. THOTTATHIL B. RADHAKRISHNAN, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-