Ramachandra Menon, J.
Petitioners have approached this Court seeking for a direction to respondents 1 to 4 to give effective protection to the life and property of the petitioners and their employees for pursuing business in the premises without being obstructed by respondents 5 and 6 or anybody under them.
2. The case of the petitioners is that petitioners are running business dealing with rubber in their premises under the name as “C.V.V. Trading Company”. Alleging some financial transaction in connection with the sale of rubber between the party respondents and brother of the first petitioner by name 'C.V. George', the party respondents started to harass the petitioners and they have virtually blocked the entrance from the road to the business premises of petitioners as well as their residential premises. The party respondents and persons acting under them have taken law into their hands and started 'sathyagraha' in front of the premises denying entry to the petitioners, their workers and also the customers. The factual position is that, there is law and order situation and the matter has been brought to the notice of the Police. Since the steps taken by petitioners did not yield any positive result, they are constrained to approach this Court by filing the present writ petition.
3. The party respondents have appeared and filed a counter affidavit stating that they were doing rubber business with the petitioners and the brother of the 1st petitioner and nearly an amount of Rs.5 Crores is due from them. It is stated that the party respondents are doing business after availing huge loan from the HDFC. According to them, they have procured rubber from different corners and the same was supplied to Mr.George, the brother of the 1st petitioner, who was introduced by the 1st petitioner. They were made to believe that petitioner's brother was doing business as a partner of “C.V.V. Trading Company”.
4. According to the party respondents, by virtue of various supplies effected and due to non-payment of the amount due from the petitioners and the brother of the 1st petitioner, there was default in repayment of loan by the said respondents and the amount got accumulated, when the Bank has issued notice invoking the provisions of SARFAESI Act. Party respondents have took up the matter before Police and filed several complaints. Crime No.898/2012 of Anchal Police Station was registered on the basis of the complaint filed by 5th respondent for cheating and for various other offences.
5. Learned State Attorney submits on instructions that, two crimes have been registered by the Muvattupuzha Police as Crime Nos.1070 and 1119 of 2014 against the miscreants and that investigation is going on.
6. After hearing both the sides, this Court finds that the dispute pending between the petitioners and respondents 5 and 6 is mainly with regard to the amount due to the former. But, the party respondents cannot take law into their hands. If at all they want to conduct any peaceful Dharna, styled as 'Sathyagraha', it is open for them to do the same without causing any hindrance to the petitioners, their workers or customers who are having a right to enjoy their property and do business without being obstructed by anybody.
The Writ Petition is disposed of, by making it clear that, if there is any threat to the law and order situation in the area, the same shall be taken care of by Police who shall extend necessary protection to the petitioners to do their business without being obstructed by the respondents 5 and 6 or anybody under them. It is open for the parties to pursue the matter for establishing the civil rights by filing appropriate proceedings before the appropriate forum. It is equally open for the Police to complete the investigation in respect of the offences concerned and take the proceedings to logical conclusion.
Manjula Chellur, Chief Justice.
P.R. Ramachandra Menon, Judge.
ttb/12/06