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High Court of KeralaWP(C)/30995/2015closed

The Manappuram Finance Limited v. The City Commissioner Of Police

2015-10-12Honourable The 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 P.R.RAMACHANDRA MENON MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(C).No. 30995 of 2015 (Y) ---------------------------- PETITIONER(S):

------------------------ THE MANAPPURAM FINANCE LIMITED, MANAPPURAM HOUSE, VALAPPAD P.O., THRISSUR DISTRICT, REPRESENTED BY ITS LEGAL MANAGER, PRIYALAL.

BY ADVS.SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S):

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

1. THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, PIN - 695 001.

2. THE SUB INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT - 695 001.

3. THE PRESIDENT, I.N.T.U.C., STATE COMMITTEE OFFICE, HOUSE No.II, 2ND AVENUE, ABHAYA NAGAR, PEROORKADA P.O., THIRUVANANTHAPURAM DISTRICIT - 695 005.

4. VIMAL KUMAR U., S/O. UNNIKKRISHNAN.

T.C.21/1151, ANANDANAM, KARAMANA P.O., THIRUVANANTHAPURAM DISTRICT -695 002.

R1 & 2 BY SR. GOVERNMENT PLEADER SRI.C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30995 of 2015 (Y) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE INLAND ADDRESSED TOT HE 4TH RESPONDENT. EXHIBIT P2: TRUE COPY OF THEACKNOWLEDGMENT CARD RECEIVED BY THE PETITIONER.

EXHIBIT P3: TRUE COPY OF THE REQUEST OF THE BRANCH MANAGER OF THE PETITIONER, THAMPANOOR BRANCH DATED 6.10.2015. EXHIBIT P3(a): TRUE ENGLISH TRANSLATION OF EXHIBIT P3 EXHIBIT P4: TRUE COPY OF THE NOTICE PUBLISHEHD BY THE 2ND RESPONDENT. EXHIBIT P4(a): TRUE ENGLISH TRANSLATION OF EXHIBIT P4 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou.

ASHOK BHUSHAN, CJ & P.R. RAMACHANDRA MENON, J -------------------------------------------------------------- W.P(C). No. 30995 of 2015 --------------------------------------------------------------- Dated this the 12th day of October, 2015

JUDGMENT

Ashok Bhushan, CJ.

Heard learned counsel for the petitioner and learned Government Pleader. No notice need be issued to third and fourth respondents in view of the order which is being passed.

2. The petitioner, a finance company has filed the writ petition seeking police protection against the proposed 'Dharna' by the third and fourth respondents. Petitioners case is that the fourth respondent has availed a loan of Rs.19,000/- after pledging a gold bangle on 12.6.2014 and after several notices, repayment was not made. Hence intimation of auction of the pledged gold was issued. Petitioners further case is that after the auction cheque for the balance amount was sent to the fourth respondent. A notice has been given by respondents 3 and 4 objecting to the proceedings and it is proposed that a Dharna be held on 14.10.2015. The petitioner apprehends that

W.P(c). No.30995/15 the functioning of the company may be obstructed by the proposed Dharna. In the facts of the case we direct the second respondent to ensure that law and order situation is maintained, even if the proposed Dharna is held on the day as notified. No other directions need be issued as on the date. Accordingly, the writ petition is closed.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- P.R. RAMACHANDRA MENON, JUDGE sou.