IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 33249 of 2008(G) --------------------------------------- PETITIONER: ------------------- K.S.PRAHLADAN, KANNATTUPARAMBIL HOUSE, KURICHI, KOTTAYAM. BY ADV. SRI.T.M.ABDUL LATHEEF, ADV. SRI.A.MUHAMMED HASHIM. RESPONDENTS: ----------------------- 1. THE SUB INSPECTOR OF POLICE, CHINGAVANOM, KOTTAYAM. 2. SREE RAM TRANSPORT FINANCE COMPANY LIMITED,KOTTAYAM,REPRESENTED BY ITS BRANCH MANAGER. R1 BY GOVT. PLEADER SRI. BENJAMIN PAUL, R2 BY ADV. SRI.C.HARIKUMAR, ADV. SRI.ARAVINDA KUMAR BABU T.K, ADV. SMT.MADHURI ANAND. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33249/2008-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE AGREEMENT DTD. 18/01/2008. EXT.P.2: COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE NO. KL-05/N-2843. EXT.P.3: COPY OF THE RECEIPT NO. 6658951 DTD. 29/04/2008. EXT.P.4: COPY OF THE RECEIPT NO. 6658959 DTD. 03/05/2008. EXT.P.5: COPY OF THE RECEIPT NO. 6656680 DTD. 24/05/2008. EXT.P.6: COPY OF THE RECEIPT NO. 6656693 DTD. 01/06/2008. EXT.P.7: COPY OF THE RECEIPT NO. 6659164 DTD. NIL. EXT.P.8: COPY OF THE RECEIPT NO. 8843405 DTD. 30/09/2008. EXT.P.9: COPY OF THE RECEIPT NO. 6659191 DTD. 22/09/2008. EXT.P.10: COPY OF THE PETITION DTD. 03/11/2008 SUBMITTED BY THE PETITIONER BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 33249 OF 2008 ============================ DATED THIS THE 20TH DAY OF NOVEMBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioner purchased a vehcile,Swaraj Mazda Lorry bearing registration No. KL-05/N-2843 from the 2nd respondent. The petitioner submits, he is paying the loan instalments promptly. But alleging that he is in default and demanding a huge amount, the second respondent is proposing to seize the vehicle by employing muscle men. Six persons sent by the second respondent came in three motor bikes on 1-11-2008 and threatened the petitioner and told him that the vehicle will be taken possession by force. Apprehending that the muscle men may manhandle him and take the vehicle, the petitioner moved the police by filing representations. Ext.P10 is one of the representations filed before the first respondent. Alleging that the police have not taken any effective action to protect him or WPC.33249/2008 -2- the vehicle, this writ petition is filed seeking appropriate reliefs. 2. The second respondent has filed a counter affidavit denying all the allegations of the petitioner. According to it, the petitioner is in default to the said respondent and substantial amounts are due to it towards the loan amount. The second respondent proposes to proceed in accordance with law to get possession of the vehicle. The allegation that it is sending muscle men to seize the vehicle is absolutely unfounded and made without any basis, it is submitted. We record the submission of the second respondent that it will take recourse to methods permitted by law only and that too by moving the appropriate forums to get possession of the vehicle. The writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ks. WPC.33249/2008 -3-