IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 25876 of 2011(H) ----------------------------------- PETITIONERS: ---------------------- 1. RAJEENA ABDULLA, AGED 47 YEARS, W/O.ABDULLA, KOTTAKKATTU HOUSE, PERINGALA P.O.,KAYAMKULAM. 2. A.SAFEENA, AGED 24 YEARS, D/O.ABDULLA, KOTTAKKATTU HOUSE, PERINGALA P.O., KAYAMKULAM. 3. A.AJINAS, AGED 21 YEARS,S/O.ABDULLA, KOTTAKKATTU HOUSE, PERINGALA P.O., KAYAMKULAM. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ---------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD, REPRESENTED BY ITS MANAGING DIRECTOR, REGIONAL OFFICE, BHADRATHA, P.B.NO.510,MUSEUM ROAD, THRISSUR-680 020. 2. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LTD; PATHANAPURAM 689 695. 3. DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM 690 502 4. SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, KAYAMKULAM 690 502. 5. K.P.ABDUL SALAM, S/O.PEERUMOHAMMED RAWTHER, T.C.V/5-A,A.K.NIVAS,PERINGALA P.O., KAYAMKULAM 690 502. ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. FOR R1-2 BY GOVERNMENT PLEADER SMT.K.T.LILLY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25876 of 2011(H) APPENDIX PETITIONERS EXHIBITS: EXT.P1 : TRUE COPY OF THE LETTER NO.NIL DATED NIL ISSUED BY 2ND RESPONDENT TO THE FIRST PETITIONER. EXT.P2 : TRUE COPY OF THE SALE DEED NO.3088/2010 DATED 11-11-2010. EXT.P3 : TRUE COPY OF THE AGREEMENT DATED 11-11-2010 EXECUTED BETWEEN THE PETITIONERS 2 AND 3 AND THE 5TH RESPONDENT. EXT.P4 : TRUE COPY OF THE AGREEMENT FOR SLAUGHTER TAPPING DATED 11-02-2011. EXT.P5 : TRUE COPY OF THE AGREEMENT FOR SLAUGHTER TAPPING DATED 12-11-2010. EXT.P6 : TRUE COPY OF THE LETTER DATED 22-09-2011 ISSUED BY THE FIRST RESPONDENT TO THE FIRST PETITIONER. EXT.P7 : TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE FIRST RESPONDENT DATED 22-09-2011 EXT.P8 : TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS :NIL. /TRUE COPY/ P.A.TO JUDGE ln PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.25876 of 2011 ------------------------------- Dated this the 14th day of October, 2011. J U D G M E N T C.K.ABDUL REHIM, J. This writ petition is filed on the basis of allegations that the respondents 3 and 4 are causing, what is described as 'harassment' to the petitioners, by coercing them to pay amounts due to respondents 1 and 2, and also compelling for executing documents conceding to the demands made by respondents 1 and 2. The petitioners inter alia seeks relief to quash Ext.P6 notice issued by the 2nd respondent and also seeking direction to restrain respondents 1 and 2 from initiating recovery proceedings as threatened in Ext.P6 notice. 2. The issue pertains to repayment of amounts due to respondents 1 and 2 under a chit transaction, which was prized in favour of the 1st petitioner. In this jurisdiction we are not proposing to enter upon any adjudication regarding 2 W.P.(C) No.25876 of 2011 the disputed liability of petitioners arising out of the chit transaction. If the petitioners have got any dispute regarding correctness of the demand raised in Ext.P6, they will be at liberty to seek appropriate remedy from competent forum or authority. 3. With respect to the alleged harassment from respondents 3 and 4, we directed the Government Pleader to get instructions regarding correctness of the accusations made. Smt.K.T.Lilly learned Government Pleader appearing on behalf of respondents 3 and 4 submitted that, the averments regarding threat or harassment alleged against respondents 3 and 4 are absolutely incorrect and untrue. It is stated that respondents 3 and 4 have not interfered in the dispute in any manner and that they have not received any complaint either from the petitioners or from respondents 1 and 2 in this regard. There was no occasion for respondents 3 and 4 to summon the petitioners or in any manner directing them for payment of the amounts due to respondents 1 and 2, is the statement made. 3 W.P.(C) No.25876 of 2011 4. Learned standing counsel appearing for respondents 1 and 2 submitted that, the 1st petitioner had availed the prize money of the chit, after executing mortgage of immovable property belonging to petitioners 2 and 3. But during existence of the mortgage, the property in question was transferred in favour of the 5th respondent, in a manner defeating interest of respondents 1 and 2. However, it is stated that, apart from sending Ext.P6 notice, respondents 1 and 2 have not taken any actions of recovery against the petitioners nor any action was taken so far with respect to transfer of the property. 5. Considering the facts and circumstances as narrated above and also the rival contentions raised at the Bar, we find no merit in the allegations of harassment levelled against respondents 3 and 4. Hence there is no circumstances warranting interference of this Court to issue any directions restraining respondents 3 and 4 from causing any threat or harassment to the petitioners. Accordingly, we dismiss this writ petition. 4 W.P.(C) No.25876 of 2011 6. It is made clear that, we have not expressed any opinion regarding the rights and liabilities between the petitioners and respondents 1 and 2, and that if any recovery steps or other actions are initiated at the behest of respondents 1 and 2, the petitioners will be at liberty to raise all disputes and to seek appropriate relief from competent authorities. We also make it clear that, we have not restrained respondents 3 and 4 from taking any action under law if any cognizable offence is reported against the petitioners. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/