IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).NO. 15971 OF 2008(B) -------------------------- PETITIONER: ------------ CHERIAN PHILIP, AGED 54 YEARS, S/O.PHILIP, THEKKANAT, KULATHOOR, KOTTANGAL VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DIST. BY ADV. SRI.R.SANTHOSH BABU SRI.K.K.GOPALAKRISHNAN NAIR RESPONDENTS: ------------- 1. SUPERINTENDENT OF POLICE, PATHANAMTHITTA DIST. 2. THE SUB INSPECTOR OF POLICE, PERUMPATTY POLICE STATION, PERUMPATTY, MALLAPPALLY TALUK, PATHANAMTHITTA DIST. 3. THE MANAGER, SRI.RAM TRANSPORT FINANCE COMPANY, PATHANAMTHITTA BRANCH, PATHANAMTHITTA. BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 & R2 ADV. SRI.C.HARIKUMAR & SRI.ARAVINDA KUMAR BABU T.K. FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.15971/08 PETITIOINER'S EXTS: EXT.P1: TRUE COPY OF REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE. EXT.P2: TRUE COPY OF ROUT PERMIT ISSUED BY R.T.O. PATHANAMTHITTA. EXT.P3: TRUE COPY OF SALE AGREEMENT DATED 20.9.06. EXT.P4: TRUE COPY OF OFFICIAL MEMORANDUM DATED 16.11.07 ISSUED BY JFCM. THIRUVALLA. EXT.P5: TRUE COPY OF RECEIPT (KAICHIT) DATED 17.11.07 ISSUED BY 2ND RESPONDENT. EXT.P6: TRUE COPY OF ORDER DATED 12.12.06 ISSUED BY CHIEF JUDICIAL MAGISTRATE, PATHANAMTHITTA. EXT.P7: TRUE COPY OF COMPLAINT DATED 24.5.08 FILED BY PETITIONER BEFORE 1ST RESPONDENT. EXT.P8: TRUE COPY OF COMPLAINT DATED 24.5.08 FILED BY PETITIONER BEFORE 2ND RESPONDENT. EXT.P9: TRUE COPY OF RECEIPT DATED 31.1.2008. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.15971 OF 2008 ----------------------------------------------------- DATED THIS THE 9th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the owner of a stage carriage KL.6D- 5390. The 3rd respondent is its financier. The petitioner submits, earlier there was some dispute between him and the previous owner of the vehicle. The previous owner seized the vehicle. On the information lodged by the petitioner, a crime was registered against the said person and others for dacoity. When the vehicle was produced before the Magistrate's Court, the petitioner moved for its custody. The said application was allowed as evident from Exhibit P4 and the vehicle was released to him. 2. Recently, on the night of 24.5.2008, certain muscle men sent by the 3rd respondent-financier tried to seize and take away the vehicle. But, they could not succeed in it. The petitioner submits, he is ready to pay the arrear in the loan account to the 3rd respondent. He prays for a direction to the police to give necessary protection so that the 3rd respondent W.P.(C)No.1597108 -2- cannot seize the vehicle by use of force and employing muscle men. 3. The 3rd respondent has filed a counter affidavit denying the allegations of the petitioner. It is submitted that the said respondent proposes to seize the vehicle only through the process of the court. This submission is recorded. The said submission will redress the grievance of the petitioner. Accordingly, the writ petition is disposed of. The dispute regarding the quantum of arrears in the loan account between the petitioner and the 3rd respondent is kept open. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn