IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L. JOSEPH FRANCIS MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 34999 of 2009(T) -------------------------- PETITIONER: -------------- ABDU, S/O.POCKER, THOTTUMPURAM HOUSE, KUNNAMANGALAM P.O., KOZHIKODE DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF POLICE, KOZHIKODE CITY KOZHIKODE. 3. SUB INSPECTOR OF POLICE, KUNNAMANGALAM POLICE STATION, KUNNAMANGALAM, KOZHIKODE DISTRICT. 4. M/S.HDFC BANK, 5TH FLOOR, M SONS ARCADE, CHEROOTY ROAD, KOZHIKODE REPRESENTED BY ITS BRANCH MANAGER. R1 TO R3 BY GOVT. PLEADER, SRI.T.K. VIPINDAS R4 BY ADV. SRI.T.RAJESH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.34999 of 2009-T ---------------------------------------------- Dated, this the 1st day of March, 2010 J U D G M E N T K.M.Joseph, J. The petitioner approached this Court seeking the following reliefs: “i. Issue a writ of mandamus or any other appropriate writ commanding the 2nd respondent or the 3rd respondent to provide proper and adequate police protection to the petitioner and his crew members for operating the vehicles mentioned in Exts.P1, P2 and P4; ii. Issue a writ of mandamus or any other appropriate writ commanding the 1st respondent to provide effective guidelines to the police authorities in the State against forcible seizure of the motor vehicles and other secured assets on behalf of the schedule Banks and non banking finance institution.” 2. Briefly put the case of the petitioner as follows: Petitioner is a lorry operator and registered owner of four vehicles. These vehicles were purchased by the petitioner by availing finance from the Centurion Bank of Punjab, Kozhikode branch which was later amalgamated with the 4th respondent Bank. There is reference to certain W.P.(C) No.34999 of 2009-T -:2:- other litigations also. In short the case of the petitioner is that, there is an attempt of forcible seizing of the vehicles owned by the petitioner, by the financier. 3. A counter affidavit is filed. We have heard learned counsel appearing for the parties. 4. There cannot be any dispute with the proposition that vehicle cannot be forcibly seized from the hirer. Admittedly, the petitioner is in possession of vehicles having registration Nos. KA-21-9260, KA-21-9261, KA-21A-258. Petitioner submits that the financier had forcibly seized one of his vehicles. But the financier took the contention that it is abandoned by the petitioner. However, learned counsel for the financier points out that the petitioner has suppressed the material facts dis-entitling the petitioner to the discretionary remedy under Article 226 of the Constitution. Secondly he would contend that, an amount of nearly Rs.38 lakhs, the amount by way of default on account of four vehicles, is due from him. Learned counsel for the petitioner disputes these amounts. 5. Having regard to the facts situation of the case, the W.P.(C) No.34999 of 2009-T -:3:- Writ Petition is disposed of as follows: There will be a direction to the 2nd and 3rd respondents to see that the 4th respondent will not forcibly dispossess the petitioner from the three vehicles which we have already referred to. This is on condition that the petitioner will pay a sum of Rs.5 lakhs(Rupees five lakhs only) to the 4th respondent on or before 29.03.10. We further make it clear that, this will be without prejudice to the right of the parties which are to be agitated by them before the arbitrator. We further make it clear that, we have not pronounced on the question on vehicle No.KA-21A-257 which is pending before the court in contempt proceedings. We do not think in the facts of the case that it is necessary to pronounce on prayer No.2. Hence it is left open. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. ttb