High Court Kerala High Court

T.S.Swaminathan vs The Superintendent Of Police on 13 August, 2008

Kerala High Court
T.S.Swaminathan vs The Superintendent Of Police on 13 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21480 of 2008(F)


1. T.S.SWAMINATHAN, M/S KINGS INTERNATIONAL
                      ...  Petitioner
2. T.S. JAYAKRISHNAN, M/S KINGS

                        Vs



1. THE SUPERINTENDENT OF POLICE, PALAKKAD
                       ...       Respondent

2. THE SUPERINTENDENT OF POLICE, THRISSUR.

3. THE BRANCH MANAGER, HOUSING DEVELOPMENT

4. THE BRANCH MANAGER, HOUSING

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  :SRI.T.RAJESH

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

 Dated :13/08/2008

 O R D E R
                      K.BALAKRISHNAN NAIR &

                          M.C.HARI RANI, JJ.

                   -----------------------------------------

                     W.P.(C) NO. 21480 OF 2008-F

                   -----------------------------------------

                        Dated 13th August, 2008.

                               JUDGMENT

Balakrishnan Nair, J.

The petitioners are brothers. They have availed loans from the

Palakkad and Thrissur branches of the Housing Development and

Finance Corporation and purchased a few vehicles. One of those

vehicles is a Skoda car. Alleging that a few instalments in relation to

that loan account are in default, the respondents 3 and 4 are harassing

the petitioners using strong arm methods, to seize the said vehicle.

When the car was going to Guruvayur with a marriage party, it was

stopped at Poonkunnam, Thrissur on 11.7.2008 by two persons who

came in two motorbikes and introduced themselves as the recovery

officers of the H.D.F.C. They took the key of the car by force. But,

when the local people assembled, they returned the key and went away,

uttering threatening words to the driver of the car. The petitioners

WPC 21480/2008 2

submit, the threat to seize the vehicle by force from the part of

respondents 3 and 4 is persisting. Therefore, they filed Ext.P1

representation before the police officials and thereafter, this writ

petition is filed, seeking appropriate reliefs.

2. The respondents 3 and 4 have filed a counter affidavit,

denying all the allegations of the petitioners. They further submitted

that they have no intention to use strong arm methods. They will take

recourse to the remedies available to them before the competent court

and get the vehicle seized and take steps to recover the loan amount.

The above submission is recorded and the writ petition is

disposed of.

K.BALAKRISHNAN NAIR, JUDGE.

M.C.HARI RANI, JUDGE.

Nm/