High Court of KeralaWP(C)/34188/2015closed

Somasekharan Pillai v. Circle Inspector Of Police

2015-11-16Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 34188 of 2015 (W) ---------------------------- PETITIONER :

--------------- SOMASEKHARAN PILLAI, AGED 54 YEARS S/O.KUNJIKRISHNA PILLAI, VILAYIL VEEDU PANAPPETTY MURI PORUVAZHY (PO), KUNNATHUR TALUK KOLLAM DISTRICT.

BY ADV. SRI.K.V.ANIL KUMAR RESPONDENTS :

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

1. THE CIRCLE INSPECTOR OF POLICE SASTHAMCOTTA, KOLLAM DISTRICT, PIN 690 530.

2. THE SUB-INSPECTOR OF POLICE SASTHAMCOTTA POLICE STATION, KOLLAM DISTRICT PIN 690 530.

3. MANAGER, SUNDARAM FINANCIERS LTD.

KARUNAGAPPALLY BRANCH-259, FIRST FLOOR KOIKKATH BUILDING PADA-NORTH, NEAR T.B.HOSPITAL PUTHIYAKAVU, KARUNAGAPALLY, KOLLAM DISTRICT- 690 521. R1 & R2 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34188 of 2015 (W) ---------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXT.P1 - A TRUE COPY OF THE COMPLAINT DATED 31.10.2015 BEFORE THE 2ND RESPONDENT AND ITS ENGLISH TRANSLATION.

RESPONDENTS' EXHIBITS :

------------------------------- NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 34188 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of November, 2015

JUDGMENT

Ashok Bhushan, C.J.

Heard learned counsel for the petitioner and learned Government Pleader.

2. By this writ petition the petitioner has prayed for police protection against the 3rd respondent. Petitioner's case is that he has taken some financial assistance from 3rd respondent, which is a private finance company, for purchasing a vehicle. It is further admitted that certain defaults have been committed in repayment. Petitioner's case is that the 3rd respondent is threatening to take possession of the vehicle and that too without due process of law.

3. Learned Government Pleader after obtaining instructions submits that the petitioner has defaulted the installments and the 3rd respondent is fully entitled to take action in accordance with law. Petitioner has come with this writ petition only on an apprehension and no such incident has

WP(C) No. 34188 of 2015 -:2:- occurred by which the 3rd respondent has illegally taken possession of the vehicle. In such situation it is always open for the petitioner to take action in accordance with the agreement between the parties.

With this observation, the Writ Petition is closed. Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/16/11