IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24220 of 2008(G)
1. SHRIRAM TRANSPORT FINANCE COMPANY LTD
... Petitioner
Vs
1. THE STATION HOUSE OFFICER
... Respondent
2. MR.K.A. JAMES, S/O. K.A.ABRAHAM
For Petitioner :SRI.PHILIP T.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :20/08/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 24220 OF 2008 G
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Dated this the 20th day of August, 2008
J U D G M E N T
Petitioner complains that he being the financier of vehicle
KL-5/S-3839, the 2nd respondent registered owner had
surrendered the vehicle to them. According to them, at a later
stage, the 1st respondent had instructed them to produce the
vehicle before them and on its production vehicle was detained
by the 1st respondent. Despite request, the vehicle was not
released and that led the petitioner to file this writ petition,
praying for orders directing its release.
2. On instructions, learned Government Pleader submits
that though the vehicle was initially reported to be missing, it
was later found out and that there were some disputes involving
the vehicle which were also understood to have been discussed
between the rival claimants.
3. It is stated that the 1st respondent had not directed for
the production of the vehicle and that the vehicle is also not in
the custody of the 1st respondent and is not involved in any case.
WPC 24220/08
:2 :
However, it is admitted that the vehicle is still parked outside the
police station and the 1st respondent submits that it is open to
the petitioner to take the vehicle if they are so entitled.
4. In view of the above submissions, the direction sought
for by the writ petitioner is unnecessary and it is clarified that if
the petitioner is so entitled, the petitioner is free to take the
possession of the vehicle referred to above, from where it is now
available.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp