ERINJERI NIDHI LIMITED v. STATE POLICE CHIEF, POLICE HEADQUARTERS

BY ADV. SMT.REKHA C.NAIR, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

22.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2452 OF 2024 -2- JUDGMENT The petitioner says that they are registered as a ‘Nidhi Company’ under the provisions of the Companies Act, 1956 (‘Act’,for short), acting on the strength of all valid licences and consents as per law. They allege that, however, the 4th respondent – Station House Officer, is unnecessarily harassing them, by causing constant visits to their premises and seeking irrelevant information. They, therefore, pray that the said respondent be directed not to harass them in any manner in future.

In response to the afore submissions of Smt. Leena Joseph – learned counsel for the petitioner, the learned Senior Government Pleader – Smt. Rekha C.Nair, affirmed that the WP(C) NO. 2452 OF 2024 -3- 4th respondent had visited the premises of the petitioner; but that this was done because, he had verifiable information that they were acting contrary to law, without filing necessary certification as required under the ‘Act’. She submitted that, however, no Crime has yet been registered against the petitioner; and therefore, that the 4th respondent has no reason to cause any further investigation into the affairs of the petitioner, as of now. She, however, prayed that, if any further information is received by the 4th respondent or by any other Authority, liberty may be reserved to them to initiate and invoke such action, as may be warranted. The afore submissions of the learned Senior Government Pleader are recorded and I WP(C) NO. 2452 OF 2024 -4- close this Writ Petition on such terms; however, clarifying that I have not entered into the competence of the 4th respondent, or any other competent Authority, in causing an investigation or inquiry against the petitioner in future, if it becomes so necessary. Sd/- DEVAN RAMACHANDRAN JUDGE WP(C) NO. 2452 OF 2024 -5- APPENDIX OF WP(C) 2452/2024 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 26.09.2019 ISSUED BY THE REGISTRAR OF COMPANIES, THRISSUR TRUE COPY OF THE SHOW- CAUSE NOTICE DATED 24.03.2023 ISSUED BY THE REGISTRAR OF COMPANIES, THRISSUR TRUE COPY OF THE REPLY DATED 03.04.2023 BEFORE THE REGISTRAR OF COMPANIES, THRISSUR.