IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 21518 of 2009(H) -------------------------- PETITIONER(S): --------------- THOMSON.M.T, MUNDAMATTOM HOUSE, PRAVITHANAM, PALA, KOTTAYAM DIST. BY ADV. SRI.K.RAVEENDRAN RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, PALA, KOTTAYAM DIST. 2. THE C.I.OF POLICE, VAIKOM, KOTTAYAM DIST. 3. THE MANAGER, SRIRAM TRANSPORT FINANCE CO.LTD, 4TH FLOOR, MATHEWSONS SQUARE, HIGH SCHOOL JUNCTION, EDAPPALLY, COCHIN-24. ADV. SRI.PHILIP T.VARGHESE FOR R3 SRI.THOMAS T.VARGHESE FOR R3 GOVERNMENT PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.21518/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE RECEIPTS ISSUED BY THE 3RD RESPONDENT DATED 6-4-2009 EXT.P2. TRUE COPY OF THE WRITTEN COMPLAINT TO THE 1ST RESPONDENT ON 28-7-2009 WITH COPY TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R1. TRUE COPY OF THE STATEMENT OF ACCOUNTS MAINTAINED BY THE 3RD RESPONDENT WITH REGARD TO THE PETITIONER. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)No.21518 of 2009 ----------------------------------------- Dated this the 14th day of August, 2009 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayers:- i) issue a writ of mandamus or any other appropriate writ direction or order commanding respondents to afford adequate police aid and protection to the life and limb of the petitioner and inmates of the house at Vaikom from possible threat or violence and offences to movables kept in the house. ii) direct the respondents to register crime and investigate the theft of the stage carriage vehicle KL 17D-9384 from the compound of the sister of the petitioner on the night of 26-27 July 2009 and recover it and restore to the petitioner forthwith and book the culprits and direct the 3rd respondent to pay compensation of Rs.25,000/-. Though this court made an attempt for mediation, the learned Mediator filed a report that the attempt failed. Learned counsel for the petitioner submits that he may be permitted to repossess the vehicle on payment of a portion of the dues. It is submitted that the entire balance of the accumulated arrears can be paid within five months. Still further it is submitted that the future instalments will be paid without any default. Having regard to the entire facts and W.P(C)No.21518 of 2009 -:2:- circumstances of the case the writ petition is disposed of as follows: In the event of the petitioner tendering a payment of Rs.50,000/-, the 3rd respondent shall immediately release the vehicle to the petitioner. Thereafter the accumulated arrears will be paid in five equal monthly instalments, starting with the month of September, 2009. Rest of the instalments shall be paid before the 15th of every month. It is also made clear that the instalments otherwise falling due shall also be paid on the respective dates. In case of any default in any of the conditions as above, it will be open to the 3rd respondent to take recourse to the permissible steps in accordance with law. It is made clear that the petitioner shall not transfer the vehicle or otherwise create any encumbrance on the vehicle without obtaining permission from the 3rd respondent. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)No.21518 of 2009 ---------------------------- JUDGMENT 14th August, 2009