High Court Kerala High Court

Babu.M.C vs Sub Inspector Of Police on 27 November, 2008

Kerala High Court
Babu.M.C vs Sub Inspector Of Police on 27 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34865 of 2008(A)


1. BABU.M.C, S/O. CYRIL,
                      ...  Petitioner

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. SUPERINTENDENT OF POLICE,

3. THE MANAGER,

                For Petitioner  :SRI.MANSOOR.B.H.

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :27/11/2008

 O R D E R
                       V.GIRI, J
                     -------------------
                   W.P.(C).34865/2008
                     --------------------
      Dated this the 27th day of November, 2008

                     JUDGMENT

Petitioner availed a loan from the third

respondent Bank for purchasing a vehicle. According

to the petitioner, there is a hypothecation agreement.

Admittedly, there is default in the re-payment of the

loan. Petitioner submits that agents at the instigation

of the third respondent have been threatening him of

re-possession of the vehicle. Petitioner has filed Ext.P6

complaint before the Sub Inspector of Police and he

has approached this Court seeking the following

reliefs:-

(a). A writ of mandamus or any other

appropriate writ, order or direction

directing respondents 1 and 2 to

prevent 3rd respondent and his men

from forcefully re-possession of

petitioner’s vehicle bearing No.KL.7Y.

7999, Toyota Qualis

(b). Issue a writ of mandamus or any

other appropriate writ, order or

W.P.(C).34865/2008
2

direction directing respondent No.1 and

2 to consider and take action on Ext.P6

forthwith.

2. In my view, petitioner does not have a cause of

action at this stage. If the third respondent re-possesses

the vehicle, otherwise than in accordance with law,

obviously petitioner would have a cause of action at that

stage. The law laid down by the Supreme Court in

ICICI Bank Ltd. v. Prakashkaur and Others

(2007 (2) SCC 711) and by this Court in Shibi

Francis v. State of Kerala (2007 (3) KLT 923)

and Bhahuleyan v. State of Kerala (2007 (4) KLT

402), no doubt reiterates the view that re-possession of

vehicle by a financier shall not be effected, by using

musclemen or by hiring recovery agents in derogation of

the due process. At this stage, I do not find any reason

why such a direction should be issued to the third

respondent. Obviously, the law laid down by the

Supreme court is binding on all persons concerned

including the petitioner and the third respondent.

W.P.(C).34865/2008
3

3. In the result, writ petition is disposed of directing

the first respondent to look into Ext.P6 and take

appropriate action thereon and register a crime if it

discloses any cognizance offence and then proceed

further as contemplated by the Code of Criminal

Procedure.

V.GIRI,
Judge

mrcs