IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 14371 of 2008(J) -------------------------------------- PETITIONER(S): ---------------------- HUSSAIN. M, AGED 35 YEARS,S/O.MUHAMMED YOOSAF, PARALIL HOUSE, KAKKAZHAM P.O, ALAPPUZHA, PIN- 682 024. BY ADV. MR.BIMAL K.NATH MR.S.JAMAL MR.E.M.SUNIL KUMAR SMT.SMITHA DIVAKARAN MR.SREEVALSAN.V RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF HOME,THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE,KOLLAM. 3. THE SUB INSPECTOR OF POLICE,KILIKOLLOOR KOLLAM DISTRICT. 4. MAHINDRA & MAHINDRA FINANCIAL SERVICES LIMITED, BRANCH OFFICE, KULLEN ROAD, MULLACKEL, ALAPPUZHA, REP.BY ITS BRANCH MANAGER. R1 TO R3 BY GOVERNMENT PLEADER MR.DILIP MOHAN. R4 BY ADV. MR.DEVAPRASANTH.P.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14371/2008-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE. EXT.P2: COPY OF THE RECEIPTS ACKNOWLEDGING THE PAYMENT OF Rs.42,000/-. EXT.P3: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE TELEGRAPH. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 14371 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd July, 2009. J U D G M E N T The petitioner is aggrieved by the inaction on the part of respondents 2 and 3 in not initiating proceedings against the 4th respondent, who has forcibly dispossessed the petitioner of his vehicle by threat and coercion. That vehicle is hypothecated to the 4th respondent, which is the financier for purchasing the said vehicle. The petitioner has defaulted repayment of instalment. Although the petitioner remitted Rs. 42,000/-, the 4th respondent, with the help of goondas, has have forcibly deprived the petitioner of the possession of the vehicle. Although the petitioner has filed a complaint before respondents 2 and 3, they are not taking any action on the same, is the complaint of the petitioner. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) Issue a writ of mandamus or any other writ or direction directing the 2nd and 3rd respondents to take appropriate action against the 4th respondent based in Ext. P 3 complaint. (ii) Issue a writ of mandamus or any other writ or direction directing the 2nd and 3rd respondents to recover the petitioner's vehicle from the possession of the 4th respondent and handover the vehicle to the petitioner as the petitioner is ready to clear all dues to the 4th respondent.” 2. The learned Government Pleader on instructions submits that pursuant to the complaint, Crime No. 316/2008 has been registered and the vehicle has also been taken into custody. In view of the same, with a direction to the 2nd and 3rd respondents to take proceedings W.P.C. No. 14371/2008. -: 2 :- initiated by them to its logical conclusion as expeditiously as possible, this writ petition is closed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.