Petitioner, a lorry operator, sought a writ of mandamus for police protection against threats from TATA Motors Finance henchmen regarding loan arrears. The Court, noting the finance company's submission that only lawful recovery steps would be taken, recorded the submission and disposed of the petition without detailed reasoning.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 4TH DAY OF APRIL 2013/14TH CHAITHRA 1935
WP(C).No. 8993 of 2013 (Y)
PETITIONER(S):
ABDUL HARRIS.T, S/O. ABDUL KHADER, 3/916, MEHFIL, AKALOOR, OLD LAKKIDY, OTTAPALAM TALUK, PALAKKAD DISTRICT - 679 302.
BY ADVS.SRI.G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENT(S):
1. SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, PALAKKAD DISTRICT - 679 101.
2. M/S. TATA MOTORS FINANCE,1ST FLOOR,
REPRESENTED BY ITS MANAGER, PRAVEEN.
R1 BY SR GOVERNMENT PLEADER SRI.M.K.ABOOBACKER
R2 BY ADV.SMT.JAYASREE MANOJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 8993 of 2013 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1TRUE COPY OF THE REGISTRATION CERTIFICATE OF LORRY NO. KL-51C- 8136.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.S.TO.JUDGE
sts
K.M.JOSEPH & K.RAMAKRISHNAN, JJ.
-----------------------------------------------------------W.P.(C) No.8993 of 2013
Dated, this the 4th day of April, 2013
J U D G M E N T
K.M.Joseph, J.
Petitioner has approached this Court seeking the following
relief:
“Issue a writ of mandamus or any other appropriate writ commanding the Ist respondent to provide proper and adequate police protection to the petitioner and his family members from the threat made by the henchmen of the 2nd respondent.”
Petitioner is a lorry operator and registered owner of Lorry No.KL51C-8136 which is covered with a regular goods vehicle permit. The above vehicle is purchased after availing finance from the 2nd respondent, viz., a sum of Rs.22,19,000/- and the petitioner is stipulated to repay a sum of Rs.31,03,156/- towards the above loan account in 48 monthly installments at the rate of Rs.64,647/-. The petitioner has paid the first four installments commencing from 2.9.2012. The lorry is regularly operated by certain PWD contractors for transportation of materials in
W.P.(C) No.8993 of 2013
2
connection with road work. Hence the petitioner has to get arrears of payment from the contractors for the last three months which resulted in delay in paying the installments for the month of February and March, 2013. At that juncture the 2nd respondent through muscle men had threatened the petitioner and his family members using abusive language and also causing physical harm on the petitioner including threat to life if the arrears of two installments are not paid to them. Petitioner made a complaint before the Ist respondent on 26.3.2013 narrating the entire incident. Ext.P3 representation was received and acknowledged by the Ist respondent. In the meantime, the 2nd respondent has authorised goonda elements to forcibly seize the vehicles mentioned in Ext.P1 on 27.3.2013 early morning. The Ist respondent is yet to take action Ext.P3 representation. Highly aggrieved by the reluctance on the part of the Ist respondent to provide proper and adequate police protection for the operation of vehicle, this writ petition is filed.
W.P.(C) No.8993 of 2013
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of the writ petition.
(K.M.JOSEPH) JUDGE.
( K.RAMAKRISHNAN) JUDGE.
MS
2 issues framed by the court
Whether the Police should provide protection to a petitioner threatened by henchmen of a finance company.
Whether the High Court should issue a writ of mandamus compelling the Police Commissioner to ensure protection.
Abdul Harris.T
Sub Inspector of Police, Ottapalam Police Station
M/s. Tata Motors Finance
K.M.Joseph
K.Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
