IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 32249 of 2004(L) -------------------------- PETITIONER: ------------ P.P.RAGHAVAN, S/O.N.K.GOPALA KURUP, SREE NIVAS, KOPPALAM, MUZHIKKARA, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, CHOKLI POLICE STATION. 2. THE BRANCH MANAGER, HDFC BANK LTD., MANUELSON'S BUILDING, G.H.ROAD, KOZHIKODE. BY GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32249/2004 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE NOTICE ISSUED BY HDFC BANK TO THE PETITIONER DT.30.9.2004. EXT.P2: COPY OF THE POSTAL COVER. EXT.P3: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.19.10.2004. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR, J. -------------------------------------- W.P.(C) No. 32249 OF 2004 -------------------------------------- Dated this the 27th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ The petitioner's motor cycle bearing registration No.KL.13/J 9768 was seized by the 2nd respondent. The said vehicle was purchased by the petitioner by availing a loan from the 2nd respondent. On the allegation that he has committed default in payment of the loan amount, the seizure was made. The petitioner submits that the seizure was illegal. So, he filed Ext.P3 petition before the police. Alleging that, the police did not take any effective action on Ext.P3, this writ petition is filed, seeking a direction to the 1st respondent, Sub Inspector of Police, to enquire into the matter and conduct a proper investigation based on Ext.P3. If the police is not taking any action based on the complaint filed by the petitioner, his remedy is to move the concerned criminal court under the provisions of the Code of Criminal Procedure. This Court is not justified in issuing any direction as sought for by the petitioner under Article 226 of the Constitution of India. W.P.(C) No.32249/2004 2 Accordingly, this writ petition is dismissed, without prejudice to the contentions of the petitioner and his right to move other forums for appropriate reliefs. (K.BALAKRISHNAN NAIR, JUDGE) ps