High Court Kerala High Court

Mohanan P.P. vs The Manager on 6 December, 2010

Kerala High Court
Mohanan P.P. vs The Manager on 6 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35573 of 2010(V)


1. MOHANAN P.P. S/O. PARAMESWARAN,
                      ...  Petitioner

                        Vs



1. THE MANAGER, SRIRAM TRANSPORT FINANCE
                       ...       Respondent

2. THE SUPERINTENDENT OF POLICE

3. THE CIRCLE INSEPCTOR OF POLICE

4. THE SUB INSEPCTOR OF POLICE,

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  :SRI.E.M.MURUGAN

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :06/12/2010

 O R D E R
            K.M.JOSEPH & M.C.HARI RANI, JJ.
                     * * * * * * * * * * * * *
                      W.P.C.No.35573 of 2010
                    ----------------------------------------
            Dated this the 6th day of December 2010

                            J U D G M E N T

K.M.JOSEPH,J

The petitioner has approached this Court seeking the

following reliefs:

A. Issue a writ of mandamus or other

appropriate writ or direction directing the

respondents 2 to 4 to afford proper and

adequate police protection to the life and

property of the petitioner from the threat of the

first respondent and their hired Goondas, agents

and servants from re-possessing the vehicle of

the petitioner by using illegal methods and by

using force.

B. Direct the second respondent to take

proper and adequate preventive action against

first respondent and their agents, servants, and

hired Goondas from causing any untoward

incident against the petitioner, his family and his

vehicle.

2. Also there is a direction sought to dispose of Ext.P2

representation after giving an opportunity to the petitioner for

personal hearing.

W.P.C.No.35573 of 2010 2

3. Briefly put, the case of the petitioner is as follows:

4. The petitioner availed a loan of Rs.4,00,000/- from the

1st respondent for purchasing a vehicle. According to the

petitioner, the amounts were cleared off. However, it is the case

of the petitioner that the 1st respondent, his agents and hired

goondas are trying to repossess the vehicle of the petitioner by

using force and illegal methods. There is threat to the life of the

petitioner and to the lives of the members of his family unless he

surrenders the vehicle.

5. We have heard the learned counsel for the petitioner

and the learned counsel for the 1st respondent and the learned

Government Pleader.

6. The learned counsel for the 1st respondent submits that

amounts are due even after the petitioner was given the benefit

of rescheduling in the year 2009. However, he submits that the

1st respondent will not resort to any illegal or forcible method to

repossess the vehicle. The 1st respondent will proceed only in

accordance with law.

W.P.C.No.35573 of 2010 3

7. We record the submission and dispose of the writ

petition directing that if contrary to the submission of the 1st

respondent, the 1st respondent attempts to illegally repossess the

vehicle and a complaint is lodged by the petitioner to the 4th

respondent, the 4th respondent will look into it and if the threat is

found to be genuine, he shall afford protection against such

repossession. This judgment will not stand in the way of the 1st

respondent approaching before the competent forum and

securing appropriate orders.

(K.M.JOSEPH, JUDGE)

(M.C.HARI RANI, JUDGE)
jsr

// True Copy// PA to Judge

W.P.C.No.35573 of 2010 4

W.P.C.No.35573 of 2010 5

K.M.JOSEPH & M.C.HARI RANI, JJ.

.No. of 200

ORDER/JUDGMENT

30/082010