IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 30113 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------ SAJI.M.R., AGED 44 YEARS, S/O.RAMAKRISHNA PILLAI, MELETHEKAVADAYIL VEETTIL, NARANGANAM VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.P.HARIDAS SRI.SIKKY RAVISHANKAR SMT.LIJI KUTTAPPAN RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA.PIN-686 645. 2. DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA.PIN-686 645. 3. CIRCLE INSPECTOR OF POLICE, KOZHENCHERRY.PIN-689 641. 4. SUB INSPECTOR OF POLICE, ARANMULA.PIN-689 533. 5. ANSARI, KUNNINMEL HOUSE, KATTOOR, CHERUKOLE VILLAGE, KOZHENCHERRY TALUK.PIN- 690 104. R1 TO R4 BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30113/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE OF REGISTRATION VEHICLE NO.KL-11T-4602. P2 COPY OF THE AGREEMENT FOR SALE DATED 26/02/2011. P3 COPY OF THE SALE AGREEMENT DATED 4/10/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS C.KURIAKOSE & K.HARILAL,JJ ------------------------------------------------- W.P(C) No.30113 of 2011 -------------------------------------------------- Dated this the 17th day of November, 2011 J U D G M E N T K.Harilal, J The petitioner has purchased a mini lorry having registration No.KL-11T-4602. The registered owner of the vehicle was the father-in-law of the 5th respondent. It was actually owned and possessed and was being operated by the 5th respondent himself. A certificate of the registration is produced as Ext.P1. 2. The grievance of the petitioner is that after selling the vehicle to the petitioner, the 5th respondent is demanding the above vehicle without any reason though the petitioner purchased the vehicle by making payment. The petitioner has got the right of ownership and possession of the vehicle. 3. The learned Government Pleader submitted that the 5th respondent owed an amount of Rs.92,000/- to the petitioner and for the realisation of that amount the petitioner forcefully taken away the vehicle. In that connection a complaint was filed before the 3rd respondent and it was made over to the 4th W.P(C) No.30113 of 2011 2 respondent. The matter was investigated by the 4th respondent Sub Inspector of Police and the petitioner was summoned and questioned. The learned Government Pleader submitted that being a dispute of civil nature in connection with a money transaction his further presence is not necessary. These submissions are recorded. Since it is a dispute of civil nature the parties are directed to approach a competent civil court. The grievance of the petitioner cannot be branded as a police harassment. So we close this writ petition recording the submissions of the learned Government Pleader. PIUS C. KURIAKOSE JUDGE K.HARILAL JUDGE ab