Pradeep K v. The Station House Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 23RD DAY OF JANUARY 2015/3RD MAGHA, 1936 WP(C).No. 2367 of 2015 (U) --------------------------- PETITIONER :

---------------- PRADEEP K., AGED 47 YEARS S/O.KOCHUKITTU, THAIVELIKKAKATHU SOUTH ARYAD AVALOOKKUNNU P.O, ALAPPUZHA DISTRICT PIN-688 006 BY ADV. SRI.K.C.SUDHEER RESPONDENTS :

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1. THE STATION HOUSE OFFICER ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA - 688 001.

2. TATA MOTORS FINANCE LTD.

ALAPPUZHA BRANCH, SECOND FLOOR, J & J AVENUE VCSB ROAD, MULLACKAL P.O, ALAPPUZHA DISTRICT PIN-688 011 REPRESENTED BY ITS BRANCH MANAGER.

3. STATE MANAGER- LEGAL TATA MOTORS FINANCE LTD, 4TH FLOOR SMART CENTRE CHEMBUMUKKU, CIVIL LINES ROAD, VAZHAKKALA, COCHIN-21 R1 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR R2 & R3 BY ADV. SRI.K.P.VIJAYAN SRI.V.N.HARIDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2367 of 2015 (U) ------------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 : TRUE COPY OF THE CORRESPONDENCE DATED 27.09.2013 RECEIVED FROM THE TATA MOTORS FINANCE LTD.

EXT.P2 : TRUE COPY OF THE PAYMENT SCHEDULE ISSUED TO THE PETITIONER. EXT.P3 : TRUE COPY OF THE COMPUTER PRINTOUTS ISSUED BY THE 3RD RESPONDENT UNDER THE GUISE OF RECEIPT FOR THE REMITTANCES OF EMI.

EXT.P4 : TRUE COPY OF THE NOTICE BEARING NO.TMFL/ALLEPPEY/VIN/DECEMBER 2014/15 DATED 11.12.2014 FROM THE 3RD RESPONDENT WITH TRANSLATION.

RESPONDENTS' EXHIBITS :

NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 2367 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of January, 2015

JUDGMENT

Ashok Bhushan, Ag.C.J.

Heard learned counsel for the petitioner and learned Government Pleader.

2. This Writ Petition has been filed seeking a police protection praying for a direction to the 1st respondent to provide adequate and sufficient police protection to the petitioner for running his SFC 407 Truck bearing Registration No.KL 04 AE 85154 without any threat from 2nd respondent, a private finance company. Petitioner apprehends that the vehicle may be repossessed by the finance company as per the agreement. We do not find any ground to issue any direction for police protection in the facts of the present case. Remedy of the petitioner is to approach the finance company or take such other proceedings

WP(C) No. 2367 of 2015 -:2:- including approaching appropriate forum as permissible under law.

With the above observation, the Writ Petition is dismissed.

Ashok Bhushan, Acting Chief Justice.

A.M. Shaffique, Judge.

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