IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M. JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 WP(C).No. 24727 of 2010(M) -------------------------- PETITIONERS: --------------- 1. SHIBI SHIBU,PARAPURAM HOUSE, AYMURIKARAYIL,P.O.KOOVAPPADY,PERUMBAVOOR, ERNAKULAM DISTRICT,PIN:683 544. 2. SHIBU YOHANNAN, -DO- BY ADV. SRI.K.V.SOHAN RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, KODANAD,PERUMBAVOOR,ERNAKULAM DISTRICT. 2. THOMAS RAPHEL,KALAMPATTUKUDI HOUSE, AYMURIKLARAYIL,P.O.KOOVAPADY,PERUMBAVOOR, ERNAKULAM DISTRICT,PIN:683544. GOVERNMENT PLEADER, SRI ALEX M. THOMBRA ADV. SRI.DEEPU THANKAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24727 of 2010(M) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY SUP REGIONAL TRANSPORT OFFICE, PERUMBAVOOR DT.26.3.2007 EXT.P2 : TRUE COPY OF THE AGREEMENT DT.11.11.2007 EXT.P3 : TRUE COPY OF THE RECEIPT DT.2.2.2009 EXT.P3(a): TRUE COPY OF THE RECEIPT DT.27.3.2010 EXT.P4 : TRUE COPY OF THE RECEIPT ISSUED BY THE TATA MOTORS FINANCE LTD., DT.22.6.2010 EXT.P5 : TRUE COPY OF THE COMPLAINT ALONG WITH F.I.R., FILED BY THE SECOND RESPONDENT BEFORE THE MAGISTRATE COURT, PERUMBAVOOR DT.5.6.2010. RESPONDENTS' EXHIBITS: NIL // TRUE COPY// PA TO JUDGE K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 24727 of 2010 M - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of November, 2010 JUDGMENT Joseph, J. The petitioners have approached this Court seeking a direction to the first respondent not to threaten and harass the petitioners with an intention to hand over the vehicle KL 40/8523 to the second respondent. 2. Briefly the case of the petitioners is as follows. The second respondent is the father of the first petitioner. The elder sister of the first petitioner is working as a Nurse at Singapore. In 2007 she purchased a Car with her money and registration was done in the name of the second respondent. Subsequently she agreed to sell the car to the first petitioner and a sum of Rs.65,000/- was given in cash to the second respondent. The further agreement was to remit the remaining instalments due to W.P.(C).No. 24727 of 2010 2 the Tata Motor Finance Ltd., to which the vehicle was hypothecated. The petitioners paid Rs.2,53,360/- to the Tata Motors Finance Ltd. Since the hypothecation agreement was between the Tata Motors Finance Ltd. and the second respondent, receipts were issued in the name of the second respondent. Subsequently disputes arose between the second respondent and his wife and she filed a complaint before the Police. Later she had gone to Singapore along with her daughter. As a retaliation, the second respondent filed a complaint before the Judicial First Class Magistrate, Perumbavoor alleging that the petitioners have taken away the R.C. book and other documents of the vehicle. The learned Magistrate referred the complaint to the first respondent. The complaint was found to be false. But on the pressure of the second respondent, the first respondent is threatening and harassing the petitioners to hand over the vehicle to the second respondent. 3. The learned Government Pleader, on instructions, submits that the complaint was filed before the J.F.C.M., Perumbavoor by the W.P.(C).No. 24727 of 2010 3 second respondent against the petitioners under Sections 420 and 465 r/w. 34 I.P.C. Crime No. 181 of 2010 was registered and investigated. It was found to be false and a refer report was also filed. It is submitted that there is no harassment to the petitioners. 4. We record the said submissions and close this Writ Petition. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm