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High Court of KeralaWP(C)/7591/2015closed

K.J.John v. The Deputy Superintendent Of Police

2015-03-10Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

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 TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No. 7591 of 2015 (W) --------------------------- PETITIONER(S):

------------- K.J.JOHN, AGED 61 YEARS S/O.M.R.JOHN, KANJIRATHUMMOOTTIL HOUSE, PALAMPRA P.O.

KANJIRAPPALLY, PIN 686518.

BY ADV. SRI.K.R.SUNIL RESPONDENT(S):

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1. THE DEPUTY SUPERINTENDENT OF POLICE KANJIRAPPALLY, PIN 686507.

2. THE CIRCLE INSPECTOR OF POLICE KANJIRAPPALLY POLICE STATION, KANJIRAPPALLY PIN 686507.

3. THE SUB INSPECTOR OF POLICE KANJIRAPPALLY POLICE STATION, KANJIRAPPALLY PIN 686507.

4. THE BRANCH MANAGER SUNDARAM FINANCE LTD., FIRST FLOOR, KEDARAM COMPLEX, UNION CLUB JUNCTION, KOTTAYAM, 686001.

BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7591 of 2015 (W) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXHIBIT-P1: THE TRUE COPY OF THE REGISTRATION PARTICULARS OF THE VEHICLE.

EXHIBIT-P2: THE TRUE COPY OF THE GOODS CARRIAGE PERMIT OF THE VEHICLE.

EXHIBIT-P3: THE TRUE COPY OF THE DETAILS REGARDING THE ANGIOPLASTY AND THE CARDIAC SURGERY UNDERGONE BY THE PETITIONER.

EXHIBIT-P4: THE TRUE COPY OF THE COMPLAINT DATED 6.3.2015 SUBMITTED BEFORE THE 1ST 2ND AND 3RD RESPONDENTS.

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

....................................................... W.P. ( C) No.7591 of 2015 - K ....................................................... Dated this the 10th day of March, 2015

JUDGMENT

Ashok Bhushan, Ag.CJ Heard the learned counsel for the petitioner.

2. By this Writ Petition, the petitioner has prayed for a mandamus directing respondents 1 to 3 to consider Ext. P4 and further provide adequate and effective police protection to the petitioner. Petitioner claims to be the owner of a tipper lorry bearing Reg. No. KL 34 B 7647. The vehicle was purchased in the year 2012 by availing financial assistance of the 4 th respondent.

3.

Petitioner's case is that due to illness, he could not make certain payments and he apprehends that the Bank will

W.P. ( C) No.7591 of 2015 - K send anti-social elements to repossess his vehicle. Petitioner has not produced the hypothecation agreement although he submits that the vehicle is hypothecated to the financial Institution.

4. At present no such incident has taken place on the basis of which it can be said that there is any cause of action to approach this Court under Article 226 of the Constitution. We do not find any cause of action as on date.

Accordingly, this Writ Petition is closed.

ASHOK BHUSHAN , Ag. CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE ani/