IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 34356 of 2009(L) ---------------------------------------- PETITIONER(S): ------------------------- BENNY JOSEPH, AGED 43 YEARS, S/O.JOSEPH, CHELLUPARAMBIL, ARIKUZHA PO, MANAKADU,THODUPUZHA. BY ADVS. SRI.K.S.HARIHARAPUTHRAN, SRI.M.D.SASIKUMARAN, SRI.GEORGE MATHEW. RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE, IDUKKI. 2. THE DEPUTY SUPERINTENDENT OF POLICE,THODUPUZHA. 3. THE CIRCLE INSPECTOR OF POLICE, THODUPUZHA, POLICE STATION, THODUPUZHA. 4. SUB INSPECTOR OF POLICE, THODUPUZHA, POLICE STATION, THODUPUZHA. 5. CHOLAMANDALAM DBS FINANCE LTD, DARE HOUSE, IST FLOOR, NO.2 N.S.C BOSE ROAD, CHENNAI-1 REPRESENTED BY ITS MANAGING DIRECTOR. 6. CHOLAMANDALAM DBS FINANCE LTD, KOCHI BRANCH, EDAPPALLY, KOCHI 682 025, REPRESENTED BY ITS MANAGER. R1 TO R3 BY GOVERNMENT PLEADER SMT. C.M.CHARISMA R5 & R6 BY ADVS. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34356/2009 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE DTD. 16/07/2008. P2: COPY O RECEIPT DTD. 31/08/2009. P3: COPY OF THE PETITION DTD. 28/11/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 34356 OF 2009 L ----------------------------------------------------------- Dated this the 23rd March, 2011. JUDGMENT Basant, J. Petitioner has come to this Court with this petition for directions under Art.226 to afford police protection to the petitioner against apprehended culpable and violent conduct on the part of respondents 5 and 6. 2. The petitioner is the owner of a lorry. He had availed finance from respondents 5 and 6. Petitioner apprehended that respondents 5 and 6 shall take law into their hands and snatch away the vehicle from his possession. It is in these circumstances that the petitioner came to this Court with this petition. 3. The petition came up for hearing on 1-12-2009. An interim order was issued that the “police must ensure that law and order is maintained.” That order was directed to continue on 3-12-2009. Thereafter there has been no posting of the case. WPC 34356/2009 2 The matter comes up for hearing as the Registry has listed all old matters for hearing. 4. The learned counsel for the petitioner submits that after the filing of this petition petitioner has paid up all the defaulted instalments and only two instalments remain to be paid now. Counsel for respondents 5 and 6 submits that action in accordance with law alone shall be taken if the petitioner commits default in paying instlaments. We are satisfied in these circumstances that no directions under Art.226 deserve to be issued. This petition is accordingly dismissed. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 34356/2009 2