IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 36089 of 2010(I) -------------------------------------- PETITIONER(S): ----------------------- ABDUL GAFOOR, S/O.AHAMMEDKUTTY, 557/1,VALIYAPARAMBIL HOUSE, THANALUR PO, THIRUR, MALAPPURAM. BY ADV. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENT(S): ------------------------- 1. SUB INSPECTOROF POLICE, THRIRUR, MALAPPURAM DISTRICT, PIN- 676 505. 2. M/S.CHOLAMANDALAM DBS FINANCE LTD., NADAKKAVU P.O, KOZHIKODE, PIN- 673 011. R1 BY GOVT. PLEADER SMT.C.M. CHARISHMA. R2 BY ADV. SRI.PHILIP T.VARGHESE, SRI.THOMAS T.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 36089/2010-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE WELCOME LETTER DATED 07/10/2008 ISSUED BY THE 2ND RESPONDENT EVIDENCING THE DETAILS OF FINANCE AVAILED BY THE PETITIONER. EXT.P2: COPY OF THE RECEIPT DATED 23/07/2010 ISSUED BY THE 2ND RESPONDENT EVIDENCING RECEIPT OF Rs.11,750/-. EXT.P3: COPY OF THE RECEIPT DATED 31/08/2010 ISSUED BY THE 2ND RESPONDENT EVIDENCING RECEIPT OF Rs.9,000/-. EXT.P4: COPY OF THE NOTICE DATED 03/05/2010 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE RECEIPT DATED 28/05/2010 ISSUED BY THE 2ND RESPONDENT EVIDENCING RECEIPT OF Rs.11,000/-. EXT.P6: COPY OF THE RECEIPT DATED 18/06/2010 ISSUED BY THE 2ND RESPONDENT EVIDENCING RECEIPT OF Rs.11,750/-. EXT.P7: COPY OF THE REQUEST FOR POLICE PROTECTION MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT VIDE REQUISITION DATED 27/11/2010. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.36089 of 2010 ---------------------------------------- Dated this the 8th day of December 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following relief: i) Issue a writ of mandamus or any other appropriate writ commanding the 1st respondent to provide proper and adequate police protection to the petitioner and his crew members for operating the vehicle No.KL-53- 3686. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is the registered owner of a bus No.KL- 53-3686. The petitioner availed a loan from the 2nd respondent to be repaid in 30 monthly instalments. The complaint in short is that the 2nd respondent is making attempts to illegally and forcefully repossess the vehicle. 4. Counter affidavit is filed by the 2nd respondent wherein the stand of the 2nd respondent is that amounts are due from the petitioner; but they will take only lawful steps and there W.P.C.No.36089 of 2010 2 will be no forceful repossession of the vehicle by the 2nd respondent. 5. We have heard the learned counsel for the petitioner, the learned counsel for the 2nd respondent and the learned Government Pleader. We record the submissions of the learned counsel for the 2nd respondent on the same lines as in the counter affidavit and we further order that in case, contrary to the submission of the 2nd respondent, the petitioner is constrained to complain to the 1st respondent of any threat from the 2nd respondent of any illegal and forceful repossession of the vehicle, the 1st respondent will look into it and if the threat is found to be genuine, the 1st respondent will provide protection against any forceful and illegal repossession of the vehicle. We make it clear that we are not pronouncing on the claims as to the amounts due and further that this judgment will not stand in the way of the 2nd respondent approaching the concerned competent forum for seeking appropriate relief. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.36089 of 2010 3 W.P.C.No.36089 of 2010 4 W.P.C.No.36089 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010