IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 14514 of 2009(H) -------------------------- PETITIONER(S): --------------- SABEERKOYA THANGAL AGED 52, S/O. P.A.THAGAL, TC 16/334/EVRA 217 COTTON HILL, VAZHUTHACADU, TRIVANDRUM. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): --------------- 1. SUB INSPECTOR OF POLICE MUSEUM POLICE STATION,TRIVANDRUM. 2. MANAGER G M A C FINANCIAL SERVICES, INDIA LIMITED, TRIVANDRUM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).14514/2009 -------------------- Dated this the 8th day of June, 2009 JUDGMENT Writ petition has been filed by the registered owner of a Maruti Alto Car, alleging that there is unauthorized action on the part of the 1st respondent in making an attempt to seize the vehicle, at the instance of the financier, the 2nd respondent for alleged default in the repayment of the loan availed by the petitioner from the 2nd respondent. 2 Pursuant to the orders passed by this Court, learned Government Pleader, on instructions, submits that Station House Officer of the Museum Station has been addressed by an advocate practicing in the Madras High Court enclosing therewith a copy of the order passed by the Madras High Court in Application No.1215/2009 dated 27.4.2009 inter alia authorizing an Advocate Commissioner to seize the vehicle in question. W.P.(C). 2 Order has been passed, in the matter of an agreement dated 29.9.2006 between the 2nd respondent and the petitioner herein, invoking powers of the Court under the Arbitration and Conciliation Act. This Court would not be justified in interdicting the 1st respondent from taking any lawful action to see that the order passed by the Madras High Court is complied with. Remedy of the petitioner will be to move the Madras High Court for appropriate variation of the order. A copy of the letter addressed to the Station House Officer, along with the copy of the order of the Madras High Court shall be supplied to the petitioner, if he makes a request in that regard. I also record the submission of the learned Government Pleader that the vehicle has not been seized so far. Writ petition is disposed of as above. V.GIRI, Judge mrcs