IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 13513 of 2008(H) -------------------------- PETITIONER: ------------ M/S EXTERIOR-INTERIORS (P) LTD; 5TH FLOOR, CHACKOS TOWER, JEW STREET EAST ROAD, PADMA JUNCTION, KOCHI, REPRESENTED BY ITS ASST. MANAGER MR.SAUGATHA BHATTACHARYYA. BY ADV. SRI.PAUL MATHEW (PERUMPILLIL) SRI.P.V.SREENIJIN SMT.K.B.SONY SRI.SANU S.PANICKER SRI.JOBY JACOB PULICKEKUDY RESPONDENTS: ------------- 1. THE COMMISSIONER OF POLICE, COCHIN CITY. 2. ASST.COMMISSIONER POLICE, COCHIN CITY. 3. THE SUB-INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. 4. MRS.PREJITHA NAIR, KRISHNA LEELA, WARRIYAM ROAD, KOCHI-16. 5. MANOJ MOOTHEDAN, YOUTH CONGRESS LEADER, MOOTHEDAN HOUSE, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) FOR R4 GOVT. PLEADER SRI.BENJAMIN PAUL – R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 13513/08 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF ISO CERTIFICTE NO.04521-2006-AQ-B.O.M-RVA DATED 30.10.2003. EXT.P2 - TRUE COPY OF REGISTRATION FORM AND ORIENTATION LIST DATED 9.10.2007 RELATING TO 4TH RESPONDENT. EXT.P3 - TRUE COPY OF COMPLAINT DATED 24.3.2008 SUBMITTED TO THE CITY POLICE COMMISSIONER. EXT.P4 - TRUE COPY OF THE JUDGMENT DATED 16.10.2006 OF THIS HON'BLE COURT IN WP (C) NO.16160/2006. EXT.P5 - TRUE COPY OF THE INTERIM ORDER DATED 26.6.2006 PASSED BY THIS HON'BLE COURT IN WRIT PETITION (C ) 16160/2006 RESPONDENTS' EXTS. EXT.R4(a) – TRUE COPY OF THE CERTIFICATE DATED 31.10.2004 ISSUED BY THE PETITIONER FIRM. EXT.R4(b) - TRUE COPY OF THE COMPLAINT DATED 26.2.2008 FILED BY THE 4TH RESPONDENT BEFORE THE HON'BLE JUDL. FIRST CLASS MAGISTRATE'S COURT – II, ERNAKULAM. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 13513 OF 2008-H ----------------------------------------- Dated 29th May, 2008. JUDGMENT Balakrishnan Nair, J. The case of the petitioner is summarized as follows: The petitioner is a company, which is running an educational institution in Kochi. The said institution provides diploma courses in interior designing. The head office of the petitioner is at Kolkatta and one of the branches is functioning in Kochi. It has got ISO 9001 certification for good quality management system, as evident from Ext.P1. The 4th respondent was one of the students of the petitioner's institution at Kochi. She was admitted for the course “Interior Designing” for 2007-08 session. The 4th respondent attended the classes for some time and thereafter demanded refund of the fee paid by her, which was Rs.47,210/-. Ext.P2 is the copy of the registration form signed by her. As per the terms of Ext.P2, students are not entitled to get refund of the fee, if they discontinue the course. On 26.11.2007 the 4th respondent came to the institution with her husband some local goondas and threatened WPC 13513/08 2 the staff of the institution. The person in charge of the branch Smt. Lidiya Jose called the police. On the intervention of the police the situation was diffused. Because of the threat of violence from the part of the 4th respondent, the said officer, who was in charge of the Kochi branch resigned from the institution. Thereupon, Smt.Siji Mammen, the Regional Manager took over the affairs of the Kochi branch. While so, on 19.3.2008, the 4th respondent came along with three strangers, including the 5th respondent, who is said to be the leader of the youth wing of the Congress party. The 4th respondent with the assistance of others, wrongfully confined Smt. Siji Mammen. Later, the police came to the scene and they advised her to settle the matter. Under threat and coercion the said officer was compelled to sign certain documents in Malayalam, which she cannot read or write. Her signatures were obtained in certain blank papers also. Later, she complained to the 1st respondent Commissioner of Police, detailing the above incidents, by submitting Ext.P3 representation dated 24.3.2008. Since Smt.Siji Mammen could not manage the situation, Mr.Bhattacharyya came to Kochi and took over the management of the Kochi Unit. While so, the said officer was taken to the Police Station on 2.4.2008 and he was directed to produce all documents regarding the running of the institution. The threat and violence from the part of the 4th respondent and her WPC 13513/08 3 supporters continued and the institution was closed down for some time. Again, the 4th respondent and her supporters started coming to the institution and causing obstruction. In the above background, for running the institution and safeguarding the interests of the students already admitted, this writ petition is filed, seeking police protection. 2. The 4th respondent has filed a counter affidavit, in which it is submitted that she sought admission to the course, as she believed the claim of the petitioner that the course conducted by it has affiliation to foreign universities in the United States. Later, it was found that the said claim was false. In the above background, the 4th respondent demanded repayment of the money paid by her. Since the petitioner did not oblige, she filed Ext.R4 (b) complaint before the Judicial First Class Magistrate's Court- II, Ernakulam, which was forwarded to the police under Section 156(3) of the Cr.P.C. Consequently, a crime has been registered by the police. The 4th respondent submitted that the petitioner wants to run the institution illegally with the police aid. 3. The learned Government Pleader, upon instructions, submitted that a crime has been registered against the petitioner and the police are investigating whether the courses conducted by the petitioner have got affiliation from the foreign universities. WPC 13513/08 4 4. The learned counsel for the petitioner denied the allegations of the 4th respondent in her counter affidavit. According to him, the petitioner never claimed that the courses conducted by it have affiliation from the foreign universities. 5. Whether the petitioner admitted students holding out a representation that the courses conducted by it have affiliation from the foreign universities, is a disputed question. If the petitioner has done that, the students cannot be blamed, if they protest and claim back the money paid by them. From the materials produced in this case and the dispute raised by both sides, we feel that the police cannot be blamed, if they have refused to stand guard to the institution of the petitioner. We feel that the proper remedy for the petitioner is to move the civil court for appropriate reliefs, seeking injunction against the persons causing obstruction to the running of the classes. The said court can go into the disputed questions of fact also. Accordingly, the Writ Petition is dismissed without prejudice to the contentions of the petitioner. It is made clear that if any cognizable offence is reported, the police will, definitely, have the power to register a WPC 13513/08 5 crime and investigate the same. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/