IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 W.P(C).No. 28747 of 2008(S) ------------------------------------------------ PETITIONER: ------------------- T.V. INASU, AGED 69 YEARS, S/O SRI. VAREED THARAKAN, THARAKAN HOUSE, EAST FORT POST, THRISSUR, KERALA. BY ADV. SRI.K.C.ELDHO RESPONDENTS: ------------------------ 1. THE UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NORTH BLOCK NEW DELHI 110 001. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM. 3. THE REGISTRATION INSPECTOR GENERAL (CHITTIES), OFFICE OF THE REGISTRATION INSPECTOR GENERAL, THIRUVANANTHAPURAM. 4. THE CHITTY REGISTRAR, (UNDER THE KERALA CHITTIES ACT 1975), OFFICE OF THE CHITTIES REGISTRAR, THRISSUR DIST. 5. THE SUPERINTENDENT OF POLICE, THRISSUR. 6. SAMPANNA KURIES PVT LTD., REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, HIGH ROAD, THRISSUR -1. W.P.(C) NO.28747 OF 2008 - 2 - 7. KSHEMAVILASAM KURI COMPANY LTD., REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, REGISTERED OFFICE AT MUNICIPAL BUILDING, ROUND SOUTH, THRISSUR-1. 8. THE ORIENGAL KURIES LTD., REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, REGISTERED OFFICE AT ROUND SOUTH, THRISSUR -1. R1 BY SRI.P.PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL R2 TO R5 BY SR.GOVERNMENT PLEADER SRI.M.P.SREEKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. ------------------------------------------- W.P.(C) No.28747 of 2008 ------------------------------------------ Dated, this the 26th day of September, 2008 JUDGMENT H.L.Dattu, C.J. This is a public interest litigation filed by a public spirited citizen. In this writ petition, the petitioner seeks the following reliefs: “a) Issue a writ of mandamus or any other appropriate writ, order or direction compelling the respondents 2 to 4 to initiate appropriate legal proceedings against the respondents 6 to 8 and the similarly placed involved in conducting illegal chitties and kuries by creating fake address in Faridabad without an actual branch and conducting chitties and kuries in the State without a registration under the Kerala Chitties Act 1975. b) Issue a writ of mandamus or any other appropriate writ, order or direction compelling the respondents 2 to 5 to consider Exhibit P3 representation and conduct an investigation on the same in the light of Exhibit P8 within a time limit stipulated by this Hon'ble Court. c) Issue such other writ, order or direction that this Hon'ble Court may deem fit while considering the peculiar circumstances of the case in the interest of justice.” W.P. (C) No.28747 of 2008 2 (2) Along with the writ petition papers, the petitioner has produced copy of the writ petition filed by him before the Apex Court for grant of certain reliefs. (3) After arguing the matter for quite some time, learned counsel appearing for the petitioner submits that he may be permitted to take up all such contentions which are available to him including the contentions raised in this writ petition, in the very writ petition that is filed and pending before the Honourable Supreme Court of India. (4) In our opinion, if the request of the learned counsel is granted, it will not cause any prejudice to any one of the respondents. In that view of the matter, while allowing the petitioner to withdraw the writ petition we permit him to take up all such contentions which are available to him including the contentions raised in this writ petition before the Honourable Supreme Court. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE vns