IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 18555 of 2009(L) PETITIONER: P.SUJATHA, AGED 59 YEARS, D/O. PURUSHOTHAMAN, SUJATHA MANDIRAM, PUTHENKULAM.P.O., PARAVUR, KOLLAM-695130. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: 1. DISTRICT SUPERINTEDENT OF POLICE KOLLAM, KOLLAM DIST. 2. DEPUTY SUPERINTENDENT OF POLICE PUNALUR KOLLAM. 3. SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION, KOLLAM. 4. SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, KOLLAM. 5. M/S. L & T FINANCE LTD., 3B LEKSHMI TOWERS, C-25 G BLOCK, BANDRA-KURLA COMPLEX BANDRA EAST, MUMBAI-400051. 6. M/S. L & T FINANCE LTD., 32/1946F, 2ND FLOOR, VENTURA BYE-PASS ROAD, EDAPPALLY, KOCHI-682024. ADVS. M/S. C.P.MOHAMMED NIAS SRINATH GIRISH FOR R6 GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 18555/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE PHOTOCOPY OF THE STATEMENT OF ACCOUNTS OF THE VEHICLE NO. KL02AA 5784 DATED 18.2.2009. EXT.P2 A TRUE PHOTOCOPY OF THE STATEMENT OF ACCOUNTS OF THE VEHICLE NO. KL02AA 5883 DATED 18.2.2009. EXT.P3 A TRUE PHOTOCOPY OF THE PAYMENT SCHEDULE OF THE INSTALLMENT OF BOTH THE VEHICLE NO. KL02AA 5784 DATED 26.5.2007. EXT.P4 A TRUE PHOTOCOPY OF THE PAYMENT SCHEDULE OF THE INSTALLMENT OF BOTH THE VEHICLE NO. KLO2AA 5883 DATED 27.6.2007. EXT.P5 TRUE COPY OF THE PETITION SUBMITTED TO 3RD RESPONDENT DATED 27.6.2009. EXT.P6 TRUE COPY OF THE PETITION SUBMITTED TO 4TH RESPONDENT DATED 27.6.2009. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 18555 OF 2009 = = = = = = = = = = = = = = DATED THIS, THE 8TH DAY OF JULY, 2009. J U D G M E N T Raman, J. Petitioner is a hirer of two motor vehicles from Respondents 5 and 6. Petitioner complains that they are attempting to take the vehicle from her possession forcefully. According to the petitioner, she is paying the installments regularly and at any rate, if at all there is any dispute, that is not a matter which would entitle the party respondents to take law into their hands and re-possess the vehicle. Therefore, she seeks police protection to continue to have the possession and use of the vehicle. 2. The party respondents 5 and 6 entered appearance and filed a detailed counter affidavit. The averment that the petitioner is paying the instalments regularly is denied. According to them, petitioner has committed default in payment of the amount, that they are entitled to appropriate the amount paid by her in accordance with the condition and that the allegation that they are attempting to trespass into the premises of WP(C) 18555/2009 :2: the petitioner to take away the vehicle forcibly is absolutely wrong as they have no such intention. This is recorded. The monetary dispute between the parties and the question regarding repossession of the vehicle are matter to be resolved through the civil court. Closed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-