IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 2736 of 2008(A) ------------------------- PETITIONER: ------------ M/S.KOCHIN CHIT FUND (REGD) REG.NO,FBD/99/45,ANGAMALY 683 572,REPRESENTED BY ITS MANAGING PARTNER P.P.FRANCIS. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENTS: ------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE KAYAMKULAM. 2. THE CIRCLE INSPECTOR OF POLICE HARIPAD. 3. T.SAJAN, SAJAN BHAVANAM, BEHIND KAVITHA JEWELLARY PATHIRAPPILLY, ALAPPUZHA P.O. 4. SINI,W/O.SAJAN, SAJAN BHAVANAM, BEHIND KAVITHA JEWELLARY PATHIRAPPILLY, ALAPPUZHA P.O. 5. BASHEER, PUZHAMAMBAYIL PUTHANVEEDU MANNARASSALA P.O.HARIPAD 690 550 6. M.MANIAN, THAYYILPARAMBIL HOUSE CHERUTHANA P.O.,HARIPAD. 7. VIJAYAKUMARI,KUMBAZHA HOUSE, AYAPARAMBU,CHERUTHANA P.O.,HARIPAD. 8. K.KARTHIKEYAN SHEEBA BHAVAN, PALLIPPAD PO,HARIPAD. WPC 2736/08 9. I.SHAJI, ALUPARAMBIL HOUSE, MANNARASSALA ,HARIPAD. 10. K.SATHYAJAN, KADUVINGAL HOUSE, MAHADEVIKADU, HARIPAD. 11. A.INNIKRISHNAN EVOOTHARA HOUSE, KARUVATTA P.O.,HARIPAD. 12. V.MOHANAN THATTARUPARAMBIL HOUSE,HARIPAD PO. 13. A.BASHRUDHIN LABHA, PALLIVADAKKETHIL HOUSE, HARIPAD. 14. A.SAJEER BEEVI MANZIL,KARUVATTA, HARIPAD. 15. SREELEXMI, VISHNU NIVAS, EROOR, HARIPAD. 16. K.SABEENA, ALIA BHAVANAM, AYAPARAMBU, CHERUTHANA,HARIPAD. 17. P.A.SHANAVAZ, KARUKATHAKUDIYIL, VIAPURAM P.O.,HARIPAD. 18. S.USHA,CHAIKARUPARAMBIL, KUMARAPURAM HARIPAD. 19. MOHANAN PILLAI, PUTHEN PURAYIL HOUSE,THULAMPARAMBU,HARIPAD. 20. NISAR.H. KUTTIATH HOUSE, KOTTAMKULANGARA P.O., HARIPAD. 21. S.HARIDAS, PARATHARAYIL HOUSE,KARUVATTA PO,HARIPAD. 22. OMANAKUTTAN, NEETHU BHAVANAM,HARIPAD. 23. K.NARAYANAN PUTHANPURAYIL HOUSE,THRIKKUNNAPPUZHA KIZHAKKEKKARA VALIAPARAMBU P.O.,HARIPAD. 24. SATHAHUDHIN, MUPPATHINALIL HOUSE ANARI P.O.,CHERUTHANA,HARIPAD. 25. ANAND BHUNIYA, BADAL BHAVAN,HARIPAD PO. WPC 2736/08 26. K.S.HARISH MUMTHAZ MANZIL, MANNAR, CHENGANNUR. ADDL. RESPONDENT: 27. RAJESH, RAJESH BHAVANAM, BEHIND ALLEPPEY MARBLES, PATHIRAPPILLY, ALAPPUZHA P.O. (ADDL. R27 IS IMPLEADED AS PER THE ORDER IN IA 2539/08 DT.25.2.2008) BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) GOVERNMENT PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 27362//08 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE PHOTO COPY OF THE SHOW CAUSE NOTICE DATED 10.12.2007 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P2 - TRUE PHOTO COPY OF THE PETITION DATED 11.1.2008 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2. RESPONDENTS' EXTS. EXT.R3(A) – TRUE COPY OF THE RESIGNATION LETTER DATED 5.12.2007. EXT.R3(B) – TRUE COPY OF THE POSTAL RECEIPT. EXT.R3(C) – TRUE COPY OF THE ENVELOP. EXT.R3(D) – TRUE COPY OF THE PETITION SUBMITTED BEFORE THE DISTRICT COLLECTOR DATED 10.12.2007. EXT.R3(E) – TRUE COPY OF THE PETITION SUBMITTED BEFORE THE SUPERINTENDENT OF POLICE DATED 10.12.2007. EXT.R3(F) – TRUE COPY OF THE LETTER OF THE MANAGING PARTNER OF THE COCHIN CHIT FUNDS DATED 19.1.2007. EXT.R3(G) – TRUE COPY OF THE FIR IN CRIME NO.573/07. EXT.R11A – A TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER TO THE 11TH RESPONDENT. ANNEXURE-R2(a) – A TRUE COPY OF THE COMPLAINT OF SOME OF THE EMPLOYEES OF THE PETITIONER'S BRANCH BEFORE THE SUPERINTENDENT OF POLICE, ALAPPUZHA. ANNEXURE-R2(b) – TRUE COPY OF THE COMPLAINT.DATED 19.1.2008. /TRUE COPY/ K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.P.(C) NO.2736 OF 2008-A ----------------------------------------- Dated 27th March, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner is a Chit Fund. It has approached this Court, seeking police protection against respondents 3 to 27. The allegation against them is that they are causing obstruction to the functioning of the Harippad branch of the petitioner firm. 2. The party respondents have filed counter affidavits, in which they submit that the petitioner has failed to pay promptly the amounts due to the prized subscribers. The same has created suspicion among the subscribers and therefore, the staff of the branch and the field staff find it difficult to function. Many of the subscribers have filed complaints before the police also. 3. The 2nd respondent has filed a statement, stating that complaints have been received from serveral persons that the petitioner firm has failed to pay the amounts due to the subscribers. Based on the complaints received, though the Managing Partner of the petitioner was called to the WPC 2736/2008 2 police station, he did not appear. 4. The petitioner has filed reply affidavits, stating that the amounts due to the prized subscribers have been paid promptly. Some of the subscribers, who are defaulters, by threat and coercion, received cheques for the amounts they have actually paid before committing default. As per the bye-laws of the chitty, they have to wait till the termination of the chitty to get back the amounts paid by tbem. Only in such cases, the cheques issued were dishonoured, it is submitted. 5. We heard the learned counsel on both sides. We notice that most of the party respondents are employees of the petitioner. If a chitty is going to be closed down, the subscribers will feel aggrieved and naturally they will come to the branch and demand the money paid by them. They cannot be blamed for not respecting the bye-laws. If the business is going to be wound up, the employees who have to face the subscribers will also be aggrieved. It is for the petitioner to take steps to satisfy its customers. Having regard to the allegations and counter allegations, we feel that this is not a fit case for directing the police to come and stand guard for the petitioner or its Managing Partner. The petitioner has to invoke the ordinary remedies available to it before the civil and criminal courts. Accordingly, the writ petition is dismissed without prejudice to the WPC 2736/2008 3 contentions of the petitioner and its right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/