Dismissed

S Suhail.T v. the District Police Chief

Kerala HC2 Mar 2021WP(C)/2772/2021

Case brief

AI extract

What is this about?

A writ petition for protection of life and property and to prevent forceful possession of a stage carriage by the financier. The Court found no law and order issues based on the financier's stand and directed the local police to ensure safety.

What did the court decide?

Petition disposed of recording the 3rd respondent's stand and directing the 2nd respondent to ensure law and order in the locality.

S Suhail.T Vs the District Police Chief — Company and Corporate | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

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WP(C).No.2772 OF 2021(V)

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PETITIONER:

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S SUHAIL.T AGED 50 YEARS THADATHIL HOUSE, MARUTHINCHIRA, MARAKKARA P.O.MALAPPURAM, REPRESENTED BY POWER OF ATTORNEY HOLDER, ASHARAF, S/O AVARAN, CHATHANATHIL HOUSE, CHIRAKKAL, KURUMBATHUR, PUNNATHALA P.O.TIRUR, MALAPPURAM-676 302.

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BY ADV. SRI.I.DINESH MENON

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RESPONDENTS:

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1 THE DISTRICT POLICE CHIEF OFFICE OF DISTRICT POLICE CHIEF, CIVIL STATION P.O.MALAPPURAM-676 505.

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2 THE CIRCLE INSPECTOR OF POLICE, TIRUR, TIRUR P.O.MALAPPURAM-676 302.

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3 THE BRANCH MANAGER, CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, TANR P.O.TANUR-676 302.

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R3 BY ADV. SRI.BINOY VASUDEVAN SRI SUNIL NATH N.B- GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.2772 of 2021

JUDGMENT

The petitioner, who is a registered owner of a stage carriage bearing registration No.KL-55/Y-7480, on the strength of hire purchase agreement with Cholamandalam Investment and Finance, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to afford adequate and sufficient protection to the life and property of the petitioner from the threat of the men engaged at the instance of the 3^rd respondent Manager of the Financier. The petitioner has also sought for a writ of mandamus commanding respondents 1 and 2 to grant protection against the forceful possession of the stage carriage vehicle bearing registration No.KL-55/Y-7480 by the 3^rd respondent or his men.

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On 03.02.2021, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 and 2. The learned counsel entered appearance for the 3^rd respondent. This Court granted an interim order directing the 2^nd respondent to take necessary steps to ensure that there is no threat to law and order in the locality, at

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WP(C)No.2772 of 2021

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the instance of the 3^rd respondent and his men.

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Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 and 2 and also the learned counsel for the 3^rd respondent.

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The learned Government Pleader, on instructions,

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would submit that, at present there is no law and order issues.

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Having considered the submissions made by the learned counsel on both sides, this Court finds that the specific stand taken by the 3^rd respondent is that the said respondent has absolutely no intention to take law into his own hands in order to take possession of the vehicle.

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In such circumstances, this writ petition is disposed of recording the aforesaid stand taken by the 3^rd respondent and by directing the 2^nd respondent to take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of the 3^rd respondent or his men.

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Sd/-

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ANIL K. NARENDRAN JUDGE

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RC BOOK OF KL-55 Y 7480 EXHIBIT P2 TRUE COPY OF THE PERMIT DATED 3.5.2019 EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER IN WPC NO 9400/2020 DATED 3.8.2020 EXHIBIT P4 TRUE COPY OF THE ORDER IN WPC NO 20554/2020 DATED 1.10.2020 EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 29.1.2021

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THE RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A. TO JUDGE

S Suhail.T v. the District Police Chief

Case brief

What is this about?

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S Suhail.T v. the District Police Chief

Case brief

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