IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 24130 of 2006(V) -------------------------- PETITIONER: -------------- CICILIKUTTY, PANACHICKEL HOUSE, THAZHATHUVADAKARA P.O., KANGAZHA, KOTTAYAM. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ----------------- 1. SUB INSPECTOR OF POLICE, MANIMALA. 2. TATA MOTORS LIMITED, REPRESENTED BY ITS BRANCH MANAGER, EDAPPALY, COCHIN-682 024. 3. FOCUZ MOTORS, REPRESENTED BY ITS MANAGER, XIII/220, ABC, MC ROAD, KOTTAYAM-685 001. R1 BY PUBLIC PROSECUTOR, SMT.SMITHA R2 BY ADV. SRI. K.SHAJ SRI.SAJJU.S SRI.B.BALRAJ R3 BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.AJITH MURALI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 24130/2006 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE INVOICE NO.373540 DATED 31.08.05 OF THE 3RD RESPONDENT. EXT.P2 : TRUE COPY OF THE LETTER 14.09.05 ISSUED BY THE 2ND RESPONDENT. EXT.P3 : TRUE COPY OF THE RECEIPT NO.349 DATED 20.08.05. EXT.P4 : TRUE COPY OF THE RECEIPT NO.456 DATED 19.09.05. EXT.P5 : TRUE COPY OF THE RECEIPT NO.511 DATED 14.10.05. EXT.P6 : TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 08.08.06. EXT.P7 : TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 18.08.06. /TRUE COPY/ PA TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 24130 OF 2006 -------------------------------------------- Dated this the 19th day of December, 2008 JUDGMENT Petitioner's allegation is that inspite of payment of loan instalments, there is threat of repossession of vehicle by force. However, at least on one occasion, counsel appearing for the financier submitted in Court on 8.12.2006 that they do not intend to repossess the vehicle. It is not known whether the arrears are being paid regularly without default. In any case, there is no scope for this Court deciding any dispute between the petitioner and respondents in writ proceedings. Writ Petition is accordingly closed leaving freedom to the petitioner to seek remedy before the Magistrate Court, or before the Consumer Forum, Civil Court, etc. (C.N. RAMACHANDRAN NAIR) Judge kk 2