IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 28512 of 2010(L) ------------------------------------- PETITIONER(S): ---------------------- ABDUL SAMAD, S/O. HUSSAIN, AGED 30 YEARS, VARANAD HOUSE, VENNALA KARA, EDAPPALLY NORTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): ------------------------ 1. INSPECTOR GENERAL OF POLICE, CENTRAL ZONE, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, ERNAKULAM DISTRICT. 4. ANEESH K.S., S/O. SOMANATHAN, AMBILY NIVAS, PERUMBALAM KARA, PERUMBALAM VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOTTATHIL B.RADHAKRISHNAN & P.Q.BARKATH ALI, JJ. ------------------------------------------- W.P(C).No.28512 OF 2010 ------------------------------------------- Dated this the 15th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Having regard to the nature of the directions being issued hereunder, notice to the 4th respondent is dispensed with preserving his right to seek re-hearing of the matter, if aggrieved. Learned Government Pleader appears for respondents 1 to 3. The petitioner says that he purchased an Indica car from the 4th respondent by executing an agreement. However, he was unable to pay certain portion of the instalments due to financial crisis. He says that the third respondent and police men are trying to harass him at the instance of the 4th respondent. He alleges that the police is trying to interfere with the civil dispute. We are sure that the police are not to interfere with any civil dispute and cannot also act as agents to re-possess vehicles on WPC.28512/10 2 behalf of any person who is entitled to amounts in any hypothecation transaction. We therefore, direct respondents 2 and 3 to ensure that the police is not interfering with any civil dispute between the petitioner and the 4th respondent and the law and order is maintained. This is without prejudice to the right of the petitioner or the 4th respondent to seek redressel of grievances through competent courts, including civil courts, if needed. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.Q.BARKATH ALI, Judge. kkb.16/09.