Petitioner sought police protection against potential repossession of a bus under a loan contract. The Court held it was a purely civil dispute and cannot issue such directions.
The writ petition seeking police protection was dismissed as the dispute is purely civil in nature.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 14TH DAY OF JANUARY 2020 / 24TH POUSHA, 1941
WP(C).No.788 OF 2020(W)
PETITIONER/S:
SAJI ANDREWS, S/O.ANDREWS, ANICKAL PUTHENPARAMBIL, VAKATHANAM P.O., KOTTAYAM DISTRICT- 686538, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER BENNY P.GEORGE, AGED 43 YEARS, S/O.P.V.GEORGE, PATHANARIL HOUSE NO.15, PONGAMURIYIL P.O., KAINAKARI VILLAGE, KUTTANADU TALUK, ALAPPUZHA DISTRICT- 688503.
BY ADV. SRI.P.DEEPAK
RESPONDENT/S:
BY SENIOR GOVERNMENT PLEADER, SRI.P.P.THAJUDEEN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.788/2020 2
JUDGMENT
Dated this the 14th day of January 2020
The petitioner is having a contractual liability with
the first respondent in respect of purchase of a bus bearing registration No.KL-33E-9158. The petitioner apprehends repossession of the vehicle by the first respondent consequent upon the default made towards repayment of loan. Accordingly, the petitioner seeks police protection against seizure of the vehicle.
The dispute is arising out of a contract. The remedy of the petitioner is to approach the competent authority against such action based on the contract. It is purely a civil dispute. This Court cannot issue any direction for police protection. Accordingly, the writ petition is dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
ln
WP(C).No.788/2020 3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGISTRATION DETAILS RELATING TO BUS NO.KL-33E-9158. EXHIBIT P2 TRUE COPY OF THE JUDGMENT MADE IN W.P. (C)NO.40245/2018 DATED 19.12.2018. EXHIBIT P3 TRUE COPY OF THE WRITTEN REQUEST DATED 25.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT SEEKING POLICE PROTECTION.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
1 issue framed by the court
Whether this Court can issue directions for police protection in a dispute arising out of a loan and recovery of a bus.
SAJI ANDREWS
M/S.INDOSTAR CAPITAL FINANCE LIMITED
SUB INSPECTOR OF POLICE, NEDUMUDI POLICE STATION
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
