IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28512 of 2010(L)
1. ABDUL SAMAD, S/O. HUSSAIN, AGED 30 YRS,
... Petitioner
Vs
1. INSPECTOR GENERAL OF POLICE,
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
4. ANEESH K.S., S/O. SOMANATHAN,
For Petitioner :SRI.P.M.ZIRAJ
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :15/09/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN &
P.Q.BARKATH ALI, JJ.
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W.P(C).No.28512 OF 2010
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Dated this the 15th day of September, 2010
JUDGMENT
Thottathil B.Radhakrishnan, J.
Having regard to the nature of the directions being issued
hereunder, notice to the 4th respondent is dispensed with
preserving his right to seek re-hearing of the matter, if
aggrieved. Learned Government Pleader appears for
respondents 1 to 3.
The petitioner says that he purchased an Indica car from
the 4th respondent by executing an agreement. However, he was
unable to pay certain portion of the instalments due to financial
crisis. He says that the third respondent and police men are
trying to harass him at the instance of the 4th respondent. He
alleges that the police is trying to interfere with the civil dispute.
We are sure that the police are not to interfere with any civil
dispute and cannot also act as agents to re-possess vehicles on
WPC.28512/10
2
behalf of any person who is entitled to amounts in any
hypothecation transaction. We therefore, direct respondents 2
and 3 to ensure that the police is not interfering with any civil
dispute between the petitioner and the 4th respondent and the
law and order is maintained. This is without prejudice to the
right of the petitioner or the 4th respondent to seek redressel of
grievances through competent courts, including civil courts, if
needed. The writ petition is ordered accordingly.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge.
Sd/-
P.Q.BARKATH ALI,
Judge.
kkb.16/09.