IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 21480 of 2008(F) -------------------------- PETITIONERS: ------------ 1. T.S.SWAMINATHAN, M/S KINGS INTERNATIONAL TOURS & TRAVELS, NURANI P.O., SHORNUR ROAD, PALAKKAD. 2. T.S. JAYAKRISHNAN, M/S KINGS INTERNATIONAL TOURS & TRVELS NURANI P.O., SHORNUR ROAD, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD 2. THE SUPERINTENDENT OF POLICE, THRISSUR. 3. THE BRANCH MANAGER, HOUSING DEVELOPMENT FINANCE CORPORATION, PALAKKAD. 4. THE BRANCH MANAGER, HOUSING DEVELOPMENT FINANCE CORPORATION, THRISSUR. BY ADV. SRI.T.RAJESH FOR R3,4 SR.GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 21480/2008 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF THE REPRESENTATION DATED 11.7.2008. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 21480 OF 2008-F ----------------------------------------- Dated 13th August, 2008. JUDGMENT Balakrishnan Nair, J. The petitioners are brothers. They have availed loans from the Palakkad and Thrissur branches of the Housing Development and Finance Corporation and purchased a few vehicles. One of those vehicles is a Skoda car. Alleging that a few instalments in relation to that loan account are in default, the respondents 3 and 4 are harassing the petitioners using strong arm methods, to seize the said vehicle. When the car was going to Guruvayur with a marriage party, it was stopped at Poonkunnam, Thrissur on 11.7.2008 by two persons who came in two motorbikes and introduced themselves as the recovery officers of the H.D.F.C. They took the key of the car by force. But, when the local people assembled, they returned the key and went away, uttering threatening words to the driver of the car. The petitioners WPC 21480/2008 2 submit, the threat to seize the vehicle by force from the part of respondents 3 and 4 is persisting. Therefore, they filed Ext.P1 representation before the police officials and thereafter, this writ petition is filed, seeking appropriate reliefs. 2. The respondents 3 and 4 have filed a counter affidavit, denying all the allegations of the petitioners. They further submitted that they have no intention to use strong arm methods. They will take recourse to the remedies available to them before the competent court and get the vehicle seized and take steps to recover the loan amount. The above submission is recorded and the writ petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/