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 23RD JUNE 2008 / 2ND ASHADHA 1930 WP(C).No. 18398 of 2008(M) -------------------------- PETITIONER: ------------ 1. M.K.DIVAKARAN, S/O.KRISHNAN, AGED 80 YEARS, MINI SADANAM, PATHANAMTHITTA. MANAGING DIRECTOR, SREENARAYANA TRADERS AND FINANCIERS LTD., THAVALATHIL BUILDING, PATHANAMTHTITTA. 2. M.K.VARADARAJAN, MANAGING PARTNER, M/S.ESSEN BANKERS, THAVALATHIL BUILDING, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL RESPONDENTS: ------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. S.PREMA, VALIYAKODIYIL PUTHENVEEDU, THENGUMKAVU, MALLASSERRY, PATHANAMTHITTA. 4. K.PRASANNAKUMAR, (DRY FISH MERCHANT, PATHANAMTHITTA) RESIDING AT VADAKKE CHERUVIL, MALAYALAPPUZHA, PATHANAMTHITTA. 5. A.DEVARAJAN, CHAITHANYA, THUVAYOOR NORTH, MANAKKALA P.O. ADOOR. WPC.18398/2008 -2- 6. N.SUSEELAMMA, W/O.DEVARAJAN, CHAITHANYA, THUVAYOOR NORTH P.O. MANAKMKKALA P.O., ADOOR. 7. RATHEESH BABU, VALIYATH HOUSE, ANGADIKKAL SOUTH, KODUMON P.O., ADOOR. BY SPECIAL GOVT. PLEADLER SRI BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 18398 OF 2008 ============================ Dated this the 23rd day of June 2008 JUDGMENT Balakrishnan Nair,J. The petitioners are brothers. The first petitioner is the Managing Director of a company engaged in financing business. The 2nd petitioner is the Managing partner of a Firm engaged in similar business. They are not able to pay the amounts due to their customers in time. The reason is that substantial amounts due to them are blocked in litigations. They say an amount of Rs.2.5 crores due to them is yet to be realised. Litigations for the same are pending before various courts in different stages. While so, respondents 3 to 9, to whom amounts are due from the petitioners, are coming to their business premises and causing obstruction. Unless they are able to carry on business, the petitioners will not be able to collect amounts due to them and also to pay the amount due to their customers. In the WPC.18398/2008 -2- above background, they have filed Ext.P7 to P10 representations before the police for the removal of of obstruction on the part of respondents 3 to 9 for the smooth conduct of their business. Since the police did not extend any help, this writ petition is filed seeking appropriate reliefs. 2. The learned Government Pleader upon instruction submitted that crimes have been registered against the petitioners for the offences under Sections 403,409 and 420 of the Indian Penal Code for not paying the amounts due to the customers in time. 3. A businessman engaged in financing business has a duty to pay the amounts due to his customers promptly . If it is not paid, the customers can demand it. The petitioners allege that the respondents, making such demands, are causing inconvenience or obstruction. But, we feel that it is not appropriate for this Court to direct the police to interfere in this matter and to drive away customers of the petitioners so that they can carry on the business smoothly without making payments to their creditors. If the respondents are causing any WPC.18398/2008 -3- obstruction or indulging any criminal activities, the petitioners may invoke the ordinary remedies available to them under the Code of Criminal Procedure or the Civil procedure. Accordingly, the writ petition is dismissed without prejudice to the contentions of the petitioners and their right to move other forums for appropriate reliefs. Sd/- K. BALAKRISHNAN NAIR, JUDGE Sd/- M.C. HARI RANI JUDGE ks. TRUE COPY P.S.TO JUDGE