IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.M.JOSEPH & THE HON'BLE MR. JUSTICE K.RAMAKRISHNAN MONDAY, THE 28TH DAY OF JANUARY 2013 8TH MAGHA 193 WP(C).No. 1147 of 2013 (P) -------------------------- PETITIONER(S) : ---------------------- BABY PRABHA, AGED 4 YEARS W/O.SALIM KUMAR,YAMUNA MANDIRAM,KOYIKKAL MURI EAST KALLADA P.O.,KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL RESPONDENT(S) : ----------------------- 1. GENERAL MANAGER, SAKTHI FINANCE LTD.NO.62, DR.NANJAPPA ROAD, COIMBATORE-641018.
2. THE MANAGER,SAKTHI FINANCE LTD., BRANCH OFFICE AT ARYATT PARAMBIL BUILDING, SASTHRI ROAD,KOTTAYAM 68600 3. CIRCLE INSPECTOR OF POLICE KUNDARA,KOLLAM DISTRICT - 691501 4. SUB INSPECTOR OF POLICE KIZHAKKE KALLADA POLICE STATION, KOLLAM DISTRICT - 691308 R1 BY ADV. SRI.DEVAPRASANTH.P.J.
R3 & R4 BY SENIOR GOVERNMENT PLEADER SRI. M.K. ABOOBAKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BP WP(C).No. 1147 of 2013 (P) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1: TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NO.KL-29-4145 EXT.P2: TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT DATED 31 8.2012 EXT.P3: TRUE COPY OF ARBITRATION NOTICE ALONG WITH THE CLAIM STATEMENT FILED BY THE 1ST RESPONDENT BEFORE THE ARBITRATION TRIBUNAL EXT.P4: TRUE COPY OF THE PETITION FILED BY THE 1ST RESPONDENT TO ATTACH THE PROPERTY BEFORE THE DISTRICT COURT, KOTTAYAM IN OP (ARBITRATION) NO.173/2012 EXT.P5: TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE CIRCLE INSPECTOR OF POLICE KUNDARA DATED 21 12.2012 EXT.P6: TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE KIZHAKKE KALLADA POLICE STATION DATED 28 12.2012 RESPONDENTS' EXHIBITS : NIL. //TRUE COPY// P.A. TO JUDGE BP K.M.JOSEPH & K.RAMAKRISHNAN, JJ.
------------------------------------------------------------ W.P.(C) No.1147 of 2013 ----------------------------------------- Dated, this the 28th day of January, 2013 JUDGMENT
K.M.Joseph, J.
Petitioner has approached this Court complaining of the inaction by the police in the matter of granting protection.
2. Briefly put, the case of the petitioner is as follows: Petitioner is the registered owner of the vehicle bearing Registration not KL-29-4145 (TATA-1613 Tipper Lorry). The said vehicle was purchased by the petitioner availing loan from the Ist respondent's finance company. The petitioner remitted 13 monthly installments of Rs.21,150/- each. Hence, total amount of Rs.2,44,292/- is already remitted. The total amount advanced was Rs.5,75,000/- on 31.3.2011. Still the claim of respondents 1 and 2 is Rs.5,25,952/-. Petitioner has approached the 2nd respondent to settle the loan amount finally and offered Rs.4,25,000/-. But, the 2nd respondent is not ready to accept the amount and threatened the petitioner and the person accompanying her stating that they will forcibly repossess the vehicle and also recover the amount. In view of the threat the petitioner is really apprehending that respondents employ W.P.(C) No.1147 o”
2. muscle men to enter into the property of the petitioner to repossess the vehicle and cause damage to the property and even there will be threat to the life of the petitioner. Petitioner filed petition before police seeking protection. Hence, this petition seeking a direction to the police to provide protection.
3. We heard the learned counsel for the parties including the learned Government Pleader. Learned counsel for respondents 1 and 2 would submit that, actually the party respondents have already filed Arbitration Case No.108/2012 including petition under Section 9 (2) of the Arbitration and Conciliation Act. It is submitted that, the party respondents will only proceed lawfully and seek legal remedies. We record the said submission and dispose of the Writ Petition. (K.M.JOSEPH) JUDGE. ( K.RAMAKRISHNAN) JUDGE. MS