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High Court of KeralaWP(C)/2916/2015closed

P.L.Thomas v. The State Of Kerala

2015-01-29Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 WP(C).No. 2916 of 2015 (L) --------------------------- PETITIONER:

------------------- P.L.THOMAS, S/O.LAZAR, AGED 52 YEARS, PANENGADAN HOUSE, PARLIKKAD.P.O., WADAKKANCHERY, THRISSUR.

BY ADVS.SRI.K.AMAR RAGH SMT.SIMLA PRABHAKARAN RESPONDENT(S):

--------------------------

1. CIRCLE INSPECTOR OF POLICE, CHELAKKARA POLICE STATION, THRISSUR, PIN - 680 586.

2. DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM, PIN - 680 503.

3. SUMANGALAM KURIES AND LOANS PVT. LTD.

REP. BY ITS CHAIR PERSON, SREEVALSA SETHUMADHAVAN, CHELAKKARA, THRISSUR, PIN - 680 586.

4. M/S.MANGALAM ENTERPRISES, REPRESENTED BY ITS MANAGING PARTNER, SREEVALSA SETHUMADHAVAN, CHELAKKARA, THRISSUR, PIN - 680 586.

R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 2916 of 2015 (L) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1TRUE COPY OF THE ORDER IN CRL.M.C.NO.2618/2014 BEFORE THE COURT OF SESSIONS JUDGE, THRISSUR DATED 1.1.2015.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

ASHOK BHUSHAN, Ag.C.J.

& A.M. SHAFFIQUE, J.

================================ W.P.(C). No. 2916 of 2015 ================================= Dated this the 29th day of January, 2015

JUDGMENT

A.M.Shaffique, J.

Petitioner has approached this Court complaining of harassment by the respondents. According to him, he was one of the Directors of a Company which was conducting Kuri, whereas he is now called upon by the police at the instance of respondents 3 and 4 and is forced to part with money.

2.

Learned Government Pleader on instructions, would submit that the petitioner was the Managing Director of the 3rd respondent Company and a complaint has been received from the Chairman of the 3rd respondent Company stating that the petitioner has misappropriated large amount from the Company, as a result of which, they are unable to pay the subscribers of

-2W.P.(C). No. 2916 of 2015 Kuri. When the complaint was received the matter was enquired into by the police and the parties were summoned and the petitioner was asked to settle the matter as early as possible to avoid further complaints from various persons who have joined Kuries and who are remaining unpaid.

3.

Having regard to the aforesaid submission, we do not think that this is a case of police harassment. Police had only called upon the petitioner to settle the matter as early as possible, it being a financial matter. The learned Government Pleader submits that thereafter, no further action has been taken in the matter. The facts as stated above do not disclose any harassment by the police. We do not think it necessary to issue any order as prayed for. Accordingly, the writ petition is dismissed.

Sd/- ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE das