IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 WP(C).No. 31160 of 2009(L) -------------------------- PETITIONER: --------------------- P.A.JOSE, S/O.JOSEPH, AGED 38 YEARS, PURANCHIRA HOUSE, THIRUVAMPADI, KOZHIKODE. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS ------------------------ 1. THE SUB INSPECTOR OF POLICE, PARIPALLY POLICE STATION, PARIPALLY. 2. THE COMMISSIONER OF POLICE, KOCHI. 3. SREI EQUIPMENTS FINANCE PVT. LTD., PALARIVATTOM, REP. BY ITS BRANCH MANAGER. 4. ANILKUMAR, S/O.GOPALAN, POTTAPURATH HOUSE, (CHERUVILA PUTHEN VEEDU), KALLUVATHUKKAL, KOLLAM DISTRICT. BY GOVT. PLEADER SMT. T.B.REMANI FOR R1 AND R2 ADV. SRI.G.BHAGAVAT SINGH FOR R4 SRI.K.JAYAKUMAR FOR R3 SRI.P.B.KRISHNAN FOR R3 SMT.GEETHA P.MENON FOR R3 SRI.P.M.NEELAKANDAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.31160/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE AGREEMENT DT. 7.10.2008 EXT.P2: COPY OF THE TAX TOKEN DT. 6.3.09 EXT.P3: COPY OF THE SCHEDULE OF INSTALMENT PAYMENT EXT.P4 SERIES: COPY OF THE BANK RECEIPT EVIDENCING TRANSFER OF INSTALMENT (5 NOS) AMOUNT TO THE 4TH RESPONDENT. EXT.P5 SERIES: COPY OF THE RECEIPT EXT.P6: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT. 30.9.09. RESPONDENTS EXHIBITS: EXT.R3(a): COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF CALCUTTA IN A.P. NO.331 OF 2009 DT. 8.7.2009 : EXT.R3(b): COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF CALCUTTA IN A.P. NO.331 OF 2009 DT. 3.8.2009. : PA TO JUDGE TRUE COPY P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 31160 OF 2009 -------------------------- Dated this the 25th day of February, 2010 J U D G M E N T Heard Sri. George Cherian (Thiruvalla), the learned counsel appearing for the petitioner, Smt. T.B.Remani, the learned Government Pleader appearing for respondents 1 and 2, Sri. K.Jayakumar, the learned Senior Advocate appearing for the third respondent and Sri. G.Bhagavat Singh, the learned counsel appearing for the fourth respondent. 2. On going through the pleadings and after hearing the submissions made at the Bar, I am of the opinion that in view of the interim orders passed by me on 11.12.2009 and 21.12.2009 as clarified by me in the order passed today on R.P. No. 59 of 2010 filed by the fourth respondent, no further orders are called for in this writ petition. The writ petition is accordingly closed with the observation that the rights of parties shall stand governed by the observations in the orders passed by me on 11.12.2009 and 21.12.2009 as clarified in R.P. No. 59 of 2010. It will be open to the fourth respondent, if he has got any claim against the writ petitioner and the third W.P.(C) No. 31160/09 2 respondent herein to institute appropriate legal proceedings, as observed by me in R.P. No. 59 of 2010. Likewise, it will also be open to the writ petitioner to work out his remedies, if any, against the fourth respondent in other appropriate proceedings. It will also be open to the petitioner to come to a private arrangement with the third respondent as regards excavator bearing registration No.KL- 2Z/1483, which is presently in the possession of the receiver appointed by the High Court of Calcutta. P.N.RAVINDRAN, (JUDGE) vps W.P.(C) No. 31160/09 3