Kerala High Court
K.I. Ouseph Joy vs Th State Of Kerala on 6 August, 2004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY,THE 17TH DAY OF JUNE 2014/27TH JYAISHTA, 1936
WP(C).No. 13887 of 2014 (I)
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PETITIONER :
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K.I. OUSEPH JOY, AGED 55 YEARS,
S/O.INASU, VITHAYATHIL HOUSE, KAINOOR P.O.,
PUTHOOR, THRISSUR-680 014, PROPRIETOR,
M/S.VITHAYATHIL ENTERPRISES, VEETOWER PUTHUR,
THRISSUR.
BY ADV. SRI.P.MARTIN JOSE
RESPONDENTS :
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1. TH STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,TRIVANDRUM-695 001.
2. THE SECRETARY, COMMERCIAL TAX DEPARTMENT,
GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.
3. THE STATE POLICE CHIEF
POLICE HEADQUARTERS, TRIVANDRUM-695 001.
4. THE COMMISSIONER OF POLICE
THRISSUR CITY, THRISSUR DISTRICT-680 021.
5. THE CIRCLE INSPECTOR OF POLICE,
WEST CIRCLE, THRISSUR DISTRICT-680 003.
R1 TO R5 BY GOVERNMENT PLEADER SRI. TOM K. THOMAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17-06-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BP
WP(C).No. 13887 of 2014 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1: TRUE COPY OF THE JUDGMENT IN WPC NO.21534/2004
DATED 6/8/2004 OF THIS HONBOURABLE COURT.
EXT.P2: TRUE COPY OF CERTIFICATE OF REGISTRATION DATED 26/12/1989
ISSUED BY THE LICENSING AUTHORITY.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
Manjula Chellur, C.J. & P.R. Ramachandra Menon, J.
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W.P.(C) No. 13887 OF 2014
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Dated this the 17th day of June, 2014
JUDGMENT
Manjula Chellur, C.J.
Petitioner firm has approached this Court complaining harassment by violating the fundamental rights of petitioner for carrying out business as enshrined under Article 19(1) g of the Constitution of India. They claim that they are engaged in the business of hire purchase of vehicles and other loans only after obtaining registration under Kerala Money Lenders Act from the competent authorities. According to petitioner firm, they are conducting the business till date without any complaint whatsoever. They are following the procedure to be followed and submitted audited balance sheet in terms of procedure. There was no occasion warranting any action against them by the authorities under any Act for violation of any of the procedure contemplated.
2. They allege, under the guise of 'Operation Kubera' Police are harassing petitioner firm which is conducting business legally, though there is no violation of any procedure. WP(C) No. 13887 of 2014 -:2:- This is nothing but interfering with the lawful business of the petitioner firm. As there is violation of principles of natural justice, they are before this Court seeking intervention of this Court.
3. In the light of observations made in W.P.(C) No.13784 of 2014 dated 17.06.2014, we need not express our opinion again, so far as the Money lending business and other related matters. So far as the present case is concerned, 5th respondent has categorically stated in the statement filed on 14.06.2014 that they have not taken any action as apprehended by petitioner firm in the writ petition. It is needless to say, in case such action is warranted, respondent Police have to strictly adhere to the procedure contemplated for taking action.
With the above observations, the Writ Petition is closed.
Manjula Chellur, Chief Justice.
P.R. Ramachandra Menon, Judge.
ttb/21/06