IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 9785 of 2011(W) ------------------------------------- PETITIONER(S): --------------------- JALASTON PRAKASH, S/O.CHELLAYYAN, HOUSE NO.23/360, C.C. BHAVAN, KUNCHIVILA, IRUMBIL, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.N.K.SHYJU RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, NEYYATTINKARA, HOSPITAL JUNCTION, NEYYATTINKARA, 695 121. 2. CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA, HOSPITAL JUNCTION, NEYYATTINKARA, 695 121. 3. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, CIVIL STATION, HOSPITAL JUNCTION, NEYYATTINKARA, 695 121. 4. SRIRAM TRANSPORT FINANCE COMPANY, 4TH FLOOR, CAPITOL CENTRE, STATUTE, M.G.ROAD, THIRUVANANTHAPURAM, PIN-695 001. R1 TO R3 BY GOVT. PLEADER MR.JAIBY PAUL. R4 BY ADV. SRI.E.M.MURUGAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9785 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-20-4777. EXT.P2: COPY OF THE REGISTRATION CERTIFICATE BEARING REGISTRATION NO.KL-01-AP-5882. EXT.P3: COPY OF THE STATEMENT OF ACCOUNT OF VEHICLE BEARING REGISTRATION NUMBER KL-20-4777. EXT.P4: COPY OF THE STATEMENT OF ACCOUNT VEHICLE HAVING REGISTRATION NUMBER KL-01-AP-5882. EXT.P5: COPY OF THE REPRESENTATION MADE BEFORE THE CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA DATED 18/03/2011. RESPONDENT'S EXHIBITS: NI L //TRUE COPY// P.S. TO JUDGE rs R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.9785 of 2011 ------------------------------------------- Dated this the 5th April, 2011 JUDGMENT Basant, J. The petitioner has come to this Court with this petition for issue of directions under Article 226 of the Constitution for respondents 1 to 3 to afford police protection for the petitioner against the culpable, wanton and violent acts apprehended from respondent No.4. 2. Admittedly, the petitioner has availed loans for the purchase of two lorries from the fourth respondent. There has been some delay/default in payment of the instalments due. The petitioner, in these circumstances, apprehends that the fourth respondent may resort to violence to settle the monetary claim. It is in these circumstances that the petitioner came to this Court with this petition. 3. The fourth respondent has entered appearance. According to the fourth respondent, the financial transaction is admitted. Default has been committed in the transaction. Procedure for arbitration has been WPC No.9785/2011 2 invoked. An application under Section 9 the Arbitration Conciliation Act has been filed before the District Court. Interim order of attachment of immoveable property has already been obtained by the fourth respondent. In these circumstances, the fourth respondent does not want to take any other steps against the petitioner. This submission/undertaking may be recorded and further proceedings may be dropped. It is specifically undertaken that the fourth respondent does not intend to enforce the right to proceed against the lorries in question. 4. The learned Government Pleader, after taking instructions from respondents 1 to 3, submits that in the perception of respondents 1 to 3, there is no threat against the petitioner. The allegations in the petition are incorrect and false, submits the learned Government Pleader. 5. We are satisfied, in these circumstances, that the submission of the fourth respondent can be accepted. We record that the fourth respondent has categorically undertaken before Court that the fourth respondent having secured an order of interim attachment under Section 9 of the Arbitration Conciliation Act does not WPC No.9785/2011 3 intend to take any further steps against the fourth respondent now. The fourth respondent does not want to initiate any steps for seizure against the lorries of the petitioner for the purchase of which the financial facility was availed. 6. Recording that undertaking of the fourth respondent, this petition is dismissed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/ WPC No.9785/2011 4 R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.9785 of 2011 ------------------------------------------- Dated this the 29th March, 2011 ORDER Basant, J. Heard. Admitted. Notice given and the learned Government Pleader appears for respondents 1 to 3. Issue notice to respondent No.4. The learned counsel for the petitioner prays and accordingly the petitioner is permitted to take out notice by special messenger to respondent No.4. Verify service and call again on 5.4.2011. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE WPC No.9785/2011 5 css/