IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 20880 of 2008(I) -------------------------- PETITIONER: --------------- ANANDAN P.G., S/O GOPALAN, AGED 55 YEARS, PUTHENPURAYIL HOUSE, VAKAYAR P.O., KONNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.N.MAHESH RESPONDENTS: --------------- 1. VIVEK SAGAR, BRANCH MANAGER, H.D.F.C. BANK, KOTTAYAM. 2. VINOD, RECOVERY OFFICER (USED CARS) H.D.F.C., KOTTAYAM. 3. SUB INSPECTOR OF POLICE, KONNI POLICE STATION, KONNI, PATHANAMTHITTA. 4. CIRCLE INSPECTOR OF POLICE, KONNI POLICE CIRCLE OFFICE, KONNI, PATHANAMTHITTA. ADV. SRI.T.RAJESH FOR R1 & 2 GOVT. PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.20880/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE LAST INSTALMENT RECEIPT DT.17.4.2008. EXT.P2: COPY OF BANK STATEMENT OF HDFC BANK, KOTTAYAM DT.26.6.2008. EXT.P3: COPY OF THE REPRESENTATION DT.1.7.2008. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------- W.P.(C) No.20880 OF 2008 -------------------------------------- Dated this the 20th day of November, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has availed a loan from H.D.F.C. Bank, Kottayam. It was closed and he again availed another loan. When two installments fell in arrears, the respondents 1 and 2 engaged eight hired 'goondas' to threaten and coerce the petitioner. They are coming to his residence and his place of business place to harass him to recover the amount due to the bank. Though police was moved, no action was taken. Hence, this writ petition. 2. The learned Government Pleader, upon instructions, submitted that based on Ext.P3 petition, though the petitioner was summoned to the police station, he did not appear. Further, till date, no further complaint was received from the petitioner against the Bank. W.P.(C) No.20880/2008 2 3. The learned counsel appearing for the respondents 1 and 2 submitted that they have no intention, whatsoever, to employ strong arm methods to collect the amount due to the bank from the petitioner. They propose to approach the forums provided under the law only, to collect the amount due from the petitioner. The above submission is recorded and the writ petition is closed. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps