IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 26858 of 2010(F) --------------------------------------------- PETITIONER(S): ---------------------- BIJU JOSEPH, S/O.A.M.JOSEPH, ANNA APPARELS, VIII/Z,CHIRAKAYATHU THENGODU, KAKKANADU, KOCHI. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): ------------------------- 1. THE ASSISTANT COMMISSIONER OF POLICE, THRIKKAKARA, KAKKANADU,COCHIN. 2. THE SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, KAKKANADU,COCHIN. 3. THE MANAGER, KODAK MAHINDRA PRIME LTD, TADIKKARAN BUILDINGS, PALARIVATTOM, COCHIN. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.LAL K.JOSEPH FOR R3 SRI.A.A.ZIYAD RAHMAN FOR R3 SRI.P.MURALEEDHARAN (THURAVOOR) FOR R3 SRI.V.R.REKESH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.26858 OF 2010 F PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M.C. HARI RANI, JJ. ----------------------------------------- W.P.(C).NO. 26858 OF 2010 F ------------------------------------------ Dated this the 2nd September, 2010. JUDGMENT K.M. Joseph, J. Petitioner is the registered owner of a vehicle bearing registration No.KL07 BJ 42. It is under hypothecation with the third respondent. The complaint is of attempts to forcibly re- possess the vehicle. Police protection is sought. 2. We heard the learned counsel appearing for the parties including the learned Government Pleader. 3. There can be no dispute for the proposition that the Finance Company cannot forcibly re-possess the vehicle. It is far too well settled by a catena of decisions that they must secure orders in accordance with law from the competent Forum. Of W.P.(C).NO.26858 OF 2010 F 2 course, learned counsel for the third respondent denies the allegations made. It is submitted that the third respondent has no intention to forcibly re-possess the vehicle and that they will take steps in accordance with law only. We record the said submission and direct respondents 1 and 2 to give protection so as to see that the third respondent does not forcibly re-possess the vehicle bearing registration No. KL 07 BJ 42 on condition that the petitioner will pay a sum of Rs.20,000/= (Rupees Twenty Thousand) to the third respondent in two instalments within thirty days from today. The first instalment of Rs.10,000/= (Rupees Ten Thousand) shall be paid on or before 15.09.2010 and the second instalment of Rs.10,000/= (Rupees Ten Thousand) on or before 30.9.2010 towards the amount due from the petitioner to the third respondent. We leave it free to the third respondent to approach the appropriate Forum seeking appropriate orders. Any payment W.P.(C).NO.26858 OF 2010 F 3 made by the petitioner will be given due credit. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.C. HARI RANI, JUDGE kbk. //True copy// PS to Judge