IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 8576 of 2004(U) ------------------------- PETITIONER(S): --------------- BIJU S/O. CHANDRASEKHARAN PILLAI, CHANDRAVILAM, VALATHUNGAL, RAVIPURAM, KOLLAM BY ADV. SRI.C.RAJENDRAN SRI.SUMITA V. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, THIRUVANANTHAPURAM 2. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 3. SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION, KOLLAM. 4. THE MANAGER, ASHOK LAYLAND FINANCE LTD., 1ST FLOOR SHINE COMPLEX, IRON BRIDGE ROAD, KOLLAM R1 TO R3 ;BY G.P. SRI. P.K. RAVIKRISHNAN ADV. SRI.VARGHESE C.KURIAKOSE FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE RELEVANT PAGES OF RC BOOK EXT.P2 TRUE PHOTOCOPY OF THE STATEMENT REGARDING THE PAYMENT OF THE HIRE PURCHASE AMOUNT. EXT.P3 TRUE PHOTOCOPY OF THE RECEIPT AN AMOUNT OF 1,14,00/- ON 6.3.2003 ISSUED BY THE FOURTH RESPONDENT. EXT.P4 TRUE PHOTOCOPY OF THE RECEIPT AN AMOUNT OF RS. 51,400/- DATED 18.7.2003 ISSUED BY THE FOURTH RESPONDENT. EXT.P5 TRUE PHOTOCOPY OF THE RECEIPT OF AN AMOUNT OF RS. 51,400/- ISSUEC BY THE FOURTH RESPONDENT. EXT.P6 TRUE PHOTOCOPY OF THE RECEIPT AN AMOUNT OF RS. 77,100/- DATED 23.12.2003 ISSUED BY THE FOURTH RESPONDENT. EXT.P7 TRUE PHOTOCOPY OF THE PETITION DATED 8.3.2004 RESPONDENTS' EXHIBITS: EXT.R4(a) TRUE PHOTOSTAT COPY OF THE HIRE PURCHASE AGREEMENT DATED 29.10.2002 EXT.R4(b) TRUE PHOTOSTAT COPY OF TELEGRAM DATED 9.3.2004 ISSUED TO THE PETITIONER. EXT.R4(c) TRUE PHOTOSTAT COPY OF TELEGRAM ISSUED TO THE SUB INSPECTOR OF POLICE, KOTTIYAM, KOLLAM DATED 9.3.2004 EXT.R4(d) TRUE PHOTOSTAT COPY OF TELEGRAM ISSUED TO THE CIRCLE INSPECTOR OF POLICE, KOLLAM DATED 9.3.2004 TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 8576 OF 2004 -------------------------------------------- Dated this the 4th day of June, 2009 JUDGMENT W.P.C. is filed for direction to respondents 2 and 3 to take appropriate action for the seizure of vehicle by the fourth respondent- financier, who advanced loan to the petitioner for purchase of vehicle. Counsel appearing for the fourth respondent submitted that vehicle was repossessed in terms of the Hire Purchase Agreement after default. I do not think any relief can be granted to the petitioner by this Court because admittedly petitioner committed default and the recourse open to the fourth respondent was to repossess the vehicle. W.P.C. is accordingly dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2