IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 25366 of 2011(U) -------------------------------- PETITIONER(S): ----------------- V.K. SETHURAMAN NAIR, S/O. KUTTAPPAN NAIR, KALLON VEETTIL, VADASSERIKARA VADASSERRY VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.HARIDAS SMT.S.SIKKY RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA-689645. 2. THE CIRCLE INSPECTOR OF POLICE, VADASSERIKARA-689662. 3. SHRIRAM TRANSPORT FINANCE CO.LTD., KOTTAYAM BRANCH, KOTTAYAM.-686001 4. NIJASH.P.M., S/O. P.P.MUHAMMED ISMAIL, 107(A/12) PULIMOOTTIL HOUSE, MUKKULAM, PEERUMEDU.P.O.-686514 ADV. SRI.C.HARIKUMAR FOR R3 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25366 of 2011(U) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING REGISTRATION NO.KL-58-3803. EXT.P2:- TRUE COPY OF THE AGREEMENT DATED 27/01/10. EXT.P3:- TRUE COPY OF THE REPAYMENT SCHEDULE FROM 1ST DUE DATE 20/07/09 AND LAST DUE DATE 20/06/13. EXT.P4:- TRUE COPY OF THE RECEIPT IN 25TH INSTALMENT DATED 26/07/11. EXT.P5:- TRUE COPY OF THE REPRESENTATION DATED 02/09/11 BEFORE THE 2ND RESPONDENT TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.25366 of 2011 ------------------------------------------------ Dated this the 29th day of September, 2011 JUDGMENT Pius C. Kuriakose, J In this Writ Petition, the petitioner who has purchased a vehicle financed by the 3rd respondent seeks police protection against forcible re-possession of the vehicle by the 3rd respondent finance company. On notice being served through special messenger, the 3rd respondent enters appearance through the counsel. The learned counsel submitted that as on today two instalments are in default and the value of those two instalments will come to ` 15,384/-. It was further submitted that if the above amount is paid within two weeks from today, the 3rd respondent company will not initiate any steps for re-possessing the vehicle in question. We record the submission of the 3rd respondent and direct the petitioner to pay the above sum of ` 15,384/- to the 3rd respondent within 3 weeks from W. P. C. No.25366 of 2011 -2- today. If payment is made, the 3rd respondent will refrain from initiating any coercive action against the petitioner for a period of 2 more months from that day. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-