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Jayarajan C vs State Of Kerala

High Court Of Kerala|17 June, 2014
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JUDGMENT / ORDER

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.13994 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 16.06.2014 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/19/06
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Title

Jayarajan C vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
17 June, 2014
Judges
  • Manjula
  • P R Ramachandra Menon
Advocates
  • Sri
  • P Martin Jose