IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 14252 of 2006(V) -------------------------- PETITIONER(S): --------------- M/S. INDUS IND BANK LTD., ASHOK LEYLAND FINANCE DIVISION, 1ST FLOOR, IBL COMPLEX, 8/1251, NH BYEPASS JUNCTION, CHANDRA NAGAR, PALAKKAD-678 007, REP. BY ITS AUTHORISED OFFICER B.M. LAKSHMANAN, AGED 54, S/O. B.N. MUTHUSWAMY. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY SMT.THANKOM.G RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT REVENUE (S) DEPARTMENT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, TRICHUR. 3. THE SUPERINTENDENT OF POLICE, O/O. OF THE SUPERINTENDENT OF POLICE, THRISSUR. 4. TAHSILDAR, THALAPPILLY TALUK, VADAKKANCHERRY. 5. CIRCLE INSPECTOR OF POLICE, CHELAKKARA. 6. K. SANTHOSH, S/O. P.A. KRISHNANKUTTY PUTHENPURA HOUSE, KUNNATHUMEDU, PALAKKAD. 7. K.V. MATHEW, S/O. ULAHANNA, KARINKAYAM P.O., MANGALAM DAM, PALAKKAD. 8. P. KUTTI NARAYANAN, AGED 46 YEARS, S/O. LAKSHMI AMMA, PARUTHIKATTU HOUSE, VENGANELLUR P.O., THRISSUR. ADV. SRI.P.SANTHOSH (PODUVAL) FOR R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOSTAT COPY OF THE LETTER DATED 15.6.2004 ISSUED BY RESERVE BANK OF INDIA. EXT.P2 TRUE PHOTOSTAT COPY OF THE JUDGMENT PASSED BY THE HONOURABLE HIGH COURTOF KERALA IN WPC NO. 13804 OF 2005 DATED 30.9.2005 EXT.P3 TRUE PHOTOSTAT COPY OF THE ORDER DATED 26.10.2005 PASSED BY THE DISTRICT COLLECTOR. EXT.P4 TRUE PHOTOSTAT COPY OF THE STATEMENT GIVEN BY THE 7TH RESPONDENT. EXT.P5 TRUE PHOTOSTAT COPY OF THE LETTER DATED 27.12.2005 EXT.P6 TRUE PHOTOSTAT COPY OF THE COMPLAINT DATED 11.2.2006 EXT.P7 TRUE PHOTOSTAT COPY OF THE NOTICE DATED 16.3.2006 ISSUED BY THE FOURTH RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 14252 OF 2006 -------------------------------------------- Dated this the 9th day of June, 2009 JUDGMENT Vehicle financed by the petitioner was transferred by the registered owner, namely, sixth respondent to eighth respondent. It is the admitted position that vehicle is presently held by the eighth respondent. The District Collector pursuant to orders of this Court issued Ext.P3 directing subordinate authorities to recover the vehicle and hand over the same to the petitioner. Proceedings initiated by the Bank is under the Recovery of Debts due to Banks and Financial Institutions Act which authorises the Bank to take over possession of the vehicle covered by loan. It is for the eighth respondent to clear the arrears or otherwise surrender the vehicle to the petitioner. W.P.C. is disposed of directing the eighth respondent to settle liability of the Bank failing which he will surrender the vehicle to the Branch Manager of the petitioner-Bank within two weeks from the date of receipt of a copy of this judgment. (C.N. RAMACHANDRAN NAIR) kk Judge 2