IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 33469 of 2011(G) -------------------------- PETITIONER(S): --------------- ELDHO.M.V., AGED 47 YEARS, S/O.VEERAPPAN, MASSAK HOUSE, PINARMUNDA, PERINGALA, ERNAKULAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, VANDIPERIYAR POLICE STATION, IDUKKI DISTRICT, PIN-685 533. 2. K.K.NOUSHAD, S/O.K.K. KARIM, KANNANPARAMBIL HOUSE, THENGANA, CHANGANACHERY, NOW AT SWAPNA AGENCY, VANDIPERIYAR, IDUKKI DISTRICT, PIN-685 533. 3. CHOLAMANDALAM INVESTMENT AND FINANCE CO. LIMITED, DARE HOUSE, FIRST FLOOR, 2, N.S.C. BOSE ROAD, CHENNAI, PIN-600 001. 4. MANOJ, AGED 31 YEARS, S/O.SEBASTIAN, VANIYEDATH HOUSE, THENGAKKAL KARA, MANJUMALA VILLAGE, PEERUMEDU, PIN-685 531. BY SR. G.P.SRI.M.K. ABOOBACKER SRI. PHILIP T. VARGHESE FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE REGISTRATION CERTIFICATE. EXT.P2 TRUE COPY OF THE AGREEMENT DATED 24/6/2009. EXT.P3 TRUE COPY OF THE COMPLAINT DATED 29/11/2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS :NIL /TRUE COPY/ P.S.TO JUDGE CL PIUS C. KURIAKOSE & K. HARILAL,JJ. .................................................................... W.P.(C).NO.33469 OF 2011 ................................................................... Dated this the 20th day of December, 2011. JUDGMENT Pius C. Kuriakose, J. Petitioner, who is the registered owner of a mini lorry having Registration No.KL-40-A-8388, has filed this writ petition seeking police protection to him and the 3rd respondent who is a financier for repossessing the vehicle from 2nd and 4th respondents. It is alleged that the second and 4th respondents who are in custody of the vehicle pursuant to an agreement executed between the petitioner and the 3rd respondent and that the 2nd respondent has defaulted payment of the instalments due to the 3rd respondent. It is also alleged that the tax due to the Government has been defaulted. It is further alleged that the vehicle is being used for illegal activities such as transportation of river sand unauthorizedly extracted. 2. Sri. M.K.Aboobacker, the learned Senior Government Pleader on the basis of the instructions from the 1st respondent submitted that at the time when the 2nd respondent was put in possession of the vehicle, the instalments in default were only three. The total value of W.P.(C).NO.33469 OF 2011 : 2 : those instalments even if interest and over due interest are reckoned with, will not exceed Rs. One lakh. As per the repayment schedule, all the instalments will be wiped off by 31st March, 2012. The submission of the learned Senior Government pleader notwithstanding, the fact remains that respondent Nos.2 and 4 have not come forward to this Court for controverting the averments contained in the writ petition. All the allegations of the petitioner stand established against those respondents by non traverse. Under the above circumstances, we are inclined to grant relief to the petitioner. The first respondent is directed to afford protection to the petitioner and the third respondent for repossessing the vehicle having registration No.KL-40-A-8388 from the custody of the 2nd and 4th respondents. PIUS C. KURIAKOSE, JUDGE. K. HARILAL, JUDGE. cl W.P.(C).NO.33469 OF 2011 : 3 : cl