IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 WP(C).No. 1477 of 2008(A) ------------------------- PETITIONER: --------------- BIJU SEBASTIAN, S/O.SEBASTIAN, AGED 32 YEARS, R/AT THEKKEKUTTU HOUSE, SANTHIGRAM P.O. ERATTAYAR, IDUKKI DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.RAJU VADAKKEKKARA RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVT. GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, MURICKASSERY POLICE STATION, IDUKKI. 3. GENERAL MANAGER, SRI RAM TRANSPORT FINANCE COMPANY LTD., CHITTOOR ROAD, ERNAKULAM. 4. BRANCH MANAGER, SRI RAM TRANSPORT FINANCE COMPANY LTD., KATTAPPANA, IDUKKI. ADV. SRI.C.HARIKUMAR FOR R3 & 4 SRI.ARAVINDA KUMAR BABU T.K. FOR R3 & 4 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & V.K.MOHANAN,JJ. ------------------------------------ W.P.(C) No.1477 OF 2008 ------------------------------------- Dated this the 26th day of September, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court alleging that his stage carriage bearing registration No. KL-17/E-3173 operating on the route Murickasseri - Kattappana is sought to be taken possession by show of violence and threat by the respondents 3 and 4. In the above background, seeking necessary protection to conduct the service using the above bus, this writ petition was filed. 2. The learned counsel for the respondents 3 and 4 submitted that the petitioner purchased the vehicle availing a loan from the Sri Ram Transport Finance Company. He defaulted to pay the loan amount. Therefore, the company has moved the District court, Ernakulam in arbitration proceedings invoking the clause under the agreement between the parties W.P.(C) No.1477/2008 2 and as per the order of the District court, the vehicle has been seized. In view of the above submission, this writ petition has become infructuous. Accordingly, it is closed. (K.BALAKRISHNAN NAIR, JUDGE) (V.K.MOHANAN, JUDGE) ps