IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 35573 of 2010(V) -------------------------- PETITIONER: ------------------ MOHANAN P.P., S/O. PARAMESWARAN, AGED 45 YEARS, PANAPARAMBIL HOUSE, KEERITHODU P.O., KANJIKUZHY VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT. BY ADVS. SRI.P.M.ZIRAJ SRI.A.M.ABDULLA RESPONDENTS ---------------------- 1. THE MANAGER, SRIRAM TRANSPORT FINANCE LIMITED CHENNATTUMATTOM JUNCTION, KATTAPANA-685515. 2. THE SUPERINTENDENT OF POLICE IDUKKI DISTRICT 685602. 3. THE CIRCLE INSEPCTOR OF POLICE KANJIKKUZHY POLICE STATION, IDUKKI DISTRICT - 685603. 4. THE SUB INSEPCTOR OF POLICE, KANJIKKUZHY POLICE STATION, IDUKKI DISTRICT - 685603. R1 BY ADV. SRI.E.M.MURUGAN R2 TO R4 BY GOVERNMENT PLEADER, SMT.C.K.KARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 35573 of 2010(V) --------------------------------------- APPENDIX ----------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE PAYMENT SCHEDULE ISSUED BY THE FIRST RESPONDENT DATED 17.09.2008 TO THE PETITIONER EXT.P2. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 22.11.2010 BEFORE THE SECOND RESPONDENT. RESPONDENTS EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.35573 of 2010 ---------------------------------------- Dated this the 6th day of December 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: A. Issue a writ of mandamus or other appropriate writ or direction directing the respondents 2 to 4 to afford proper and adequate police protection to the life and property of the petitioner from the threat of the first respondent and their hired Goondas, agents and servants from re-possessing the vehicle of the petitioner by using illegal methods and by using force. B. Direct the second respondent to take proper and adequate preventive action against first respondent and their agents, servants, and hired Goondas from causing any untoward incident against the petitioner, his family and his vehicle. 2. Also there is a direction sought to dispose of Ext.P2 representation after giving an opportunity to the petitioner for personal hearing. W.P.C.No.35573 of 2010 2 3. Briefly put, the case of the petitioner is as follows: 4. The petitioner availed a loan of Rs.4,00,000/- from the 1st respondent for purchasing a vehicle. According to the petitioner, the amounts were cleared off. However, it is the case of the petitioner that the 1st respondent, his agents and hired goondas are trying to repossess the vehicle of the petitioner by using force and illegal methods. There is threat to the life of the petitioner and to the lives of the members of his family unless he surrenders the vehicle. 5. We have heard the learned counsel for the petitioner and the learned counsel for the 1st respondent and the learned Government Pleader. 6. The learned counsel for the 1st respondent submits that amounts are due even after the petitioner was given the benefit of rescheduling in the year 2009. However, he submits that the 1st respondent will not resort to any illegal or forcible method to repossess the vehicle. The 1st respondent will proceed only in accordance with law. W.P.C.No.35573 of 2010 3 7. We record the submission and dispose of the writ petition directing that if contrary to the submission of the 1st respondent, the 1st respondent attempts to illegally repossess the vehicle and a complaint is lodged by the petitioner to the 4th respondent, the 4th respondent will look into it and if the threat is found to be genuine, he shall afford protection against such repossession. This judgment will not stand in the way of the 1st respondent approaching before the competent forum and securing appropriate orders. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.35573 of 2010 4 W.P.C.No.35573 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010