IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 25068 of 2011(G) -------------------------------- PETITIONER(S): ------------------ A.SURENDRAN, S/O.RAMAN, AGED 35 YEARS, ARAMANA HOUSE, KOROME AMSOM DESOM, P.O.CHALAKODE. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): -------------------- 1. SUB INSPECTOR OF POLICE, PAYYANNUR, PIN-670 001. 2. SUB INSPECTOR OF PAYANGADI, KANNUR DISTRICT, PIN-670 308. 3. SUB INSPECTOR OF PERINGORM, KANNUR DISTRICT. PIN-670 309. 4. SRI RAM TRANSPORT FINANCE COMPANY LTD., KANNUR, PIN-670 001, REPRESENTED BY GENERAL MANAGER. 5. SANOJ.P.SUNNY, S/O.SUNNY JOSEPH, PODIMATTATHIL HOUSE, CHERUPUZHA.P.O., KANNUR DISTRICT, PIN-670 511. ADV. SRI.RAJESH NAMBIAR FOR R4 GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25068 of 2011(G) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF SALE AGREEMENT OF THE BUS BEARING REG. NO.KL- 13.J.4545 PURCHASED BY THE PETITIOENR FROM SUNNY JOSEPH DATED 18/11/08. EXT.P2:- TRUE COPY OF R.C. BOOK OF THE PETITIONER'S BUS BEARING REG. NO.KL-13.J.4545. EXT.P3:- TRUE COPY OF PERMIT OF THE PETITIONER'S BUS BEARING REG. NO.KL- 13.J.4545 DATED 10/03/11. EXT.P4:- TRUE COPY OF THE TAX TOKEN OF THE PETITIONER'S BUS BEARING REG. NO. KL-13.J.4545 EXT.P5:- TRUE COPY OF INSURANCE POLICY OF THE PETITIONER'S BUS BEARING REG. NO.KL-13.J.4545 EXT.P6:- TRUE COPY OF REPAYMENT SCHEDULE ISSUED BY 4TH RESPONDENT TO 5TH RESPONDENT DATED 13/08/08. EXT.P7:- TRUE COPY OF RECEIPT DATED 22/06/11 ISSUED BY 4TH RESPONDENT. EXT.P8:- TRUE COPY OF RECEIPT DATED 25/07/11 ISSUED BY 4TH RESPONDENT. EXT.P9:- TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 16/09/11 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & P. BHAVADASAN, JJ. ------------------------------------------------ W. P. C. No.25068 of 2011 ------------------------------------------------ Dated this the 10th day of October, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner who claims to be the person in possession of stage carriage bus having Registration No.KL- 13.J.4545 has filed this Writ Petition seeking adequate police protection to the said bus from being taken possession with force by the 4th respondent the Financier M/s Sri Ram Transport Finance Company Ltd. According to the learned counsel for the petitioner, the total amount of instalments in arrears will be a little more than ` 53,000/- only. The petitioner is ready and willing to pay that amount shortly. He is also ready and willing to pay the future instalments becoming due every month till the end of December, 2011 regularly at the rate of ` 15,836/-. W. P. C. No.25068 of 2011 -2- 2. Sri.Rajesh Nambiar appearing for the 4th respondent submitted that as of now a sum of ` 1,06,979/- is due to the 4th respondent towards instalments in arrears. If the petitioner wants relief he has to pay that amount immediately and has to assure this Court that the instalments falling due for the subsequent months will be paid without fail. 3. Having considered the rival submissions addressed at the Bar, we are of the view that the petitioner can be granted relief subject to certain conditions. Accordingly, we dispose of this Writ Petition issuing the following directions:- 4. The petitioner is directed to discharge the amount due to the 4th respondent in arrears as per the accounts of the 4th respondent in equal monthly instalments of ` 25,000/- commencing from 1st of November, 2011 till the entire arrears is liquidated. He is also directed to pay the amounts falling due during the coming months without fail on the due W. P. C. No.25068 of 2011 -3- dates themselves. If the petitioner makes payments without fail as ordered above, the 4th respondent shall not take any steps for forcible dispossession of the bus in question. If the 4th respondent takes steps for forcible repossession of the bus notwithstanding payment by the petitioner in accordance with the directions given above the respondents 1 to 3 shall afford protection to the petitioner for the smooth operation of the bus. We make it clear that any default by the petitioner in complying with the directions above will result in the benefit of this judgment being withdrawn. PIUS C. KURIAKOSE JUDGE P. BHAVADASAN JUDGE kns/- W. P. C. No.25068 of 2011 -4-