The Court held that a writ petition under Article 226 is not maintainable against the respondent financial institution as it is a private body and not the State. The petition was disposed of without granting relief.
Petition disposed of without granting any relief; petitioner permitted to approach competent criminal court/authorities.
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 N.NAGARESH
FRIDAY, THE 4TH DAY OF FEBRUARY 2022/15TH MAGHA, 1943 WP(C) NO. 3761 OF 2022
PETITIONER:
SAINU SIYAD, W/O. ABDUL SIYAD, AGED 35 YEARS, CHERUPARAMBIL HOUSE, KANIYAMKUNNU KARA, UC COLLEGE P.O., KADUNGALLUR VILLAGE, PARUR TALUK, ERNAKULAM DISTRICT – 683 102.
BY ADV T.A.KATHIRUKUNJU
RESPONDENTS:
SRI.APPU P.S., G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.3761/2022
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JUDGMENT
Dated this the 4th day of February, 2022
The petitioner is before this Court seeking to issue stay of all proceedings initiated by the 1st respondent for seizing the vehicle otherwise than by due process of law and to allow 6 months more time to the petitioner for regularising the loan considering the Flood in the year 2018 and Covid-19 Pandemic situation.
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WP(C)No.3761/2022
Baharain. In view of the global pandemic situation, the petitioner's husband had to return home jobless. The petitioner is ready and willing to clear the outstanding instalments if sufficient time is given. However, the 1st respondent insists that the entire amount should be paid in lump. The 1st respondent is taking hasty steps to seize the vehicle illegally. The petitioner therefore approached the Circle Inspector of Police, Paravur filing Ext.P5 complaint. No action has been taken on the same. It is in such circumstances that the petitioner has approached this Court.
petitioner.
WP(C)No.3761/2022
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Article 226 against the 1st respondent. If the petitioner has any grievances relating to the criminal actions of the 1st respondent, the petitioner has to approach the Police authorities.
In such circumstances, the writ petition is disposed of without granting any relief as against the respondents and permitting the petitioner to approach the competent criminal court/authorities to prosecute any subsisting grievance.
Sd/- N. NAGARESH JUDGE
ncd/05.02.2022
WP(C)No.3761/2022
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APPENDIX OF WP(C) 3761/2022
PETITIONER'S EXHIBITS
| Exhibit P1 | TRUE CERTI 41P 1 |
COPY FICATE OF 296. |
OF THE REGISTRATION THE MARUTHI CAR NO.KL- |
|---|---|---|---|
| Exhibit P2 | TRUE INSUR |
COPY OF ANCE POLIC |
THE CERTIFICATE CUM Y DATED 30.11.2020. |
| Exhibit P3 | TRUE CONTR |
COPY OF OL CERTIFI |
THE POLLUTION UNDER CATE DATED 30.11.2020. |
| Exhibit P4 | TRUE DATED |
COPY THE 23.08.201 |
TEXT MESSAGE OF BILLS 8. |
| Exhibit P5 | TRUE DATED |
COPY OF 31.01.202 |
THE POLICE COMPLAINT 2. |
2 issues framed by the court
Whether a writ petition under Article 226 is maintainable against a private financial institution.
Whether the High Court can grant relief for stay of proceedings by a private entity against whom no writ jurisdiction exists.
1 provisions across 1 enactments
Sainu Siyad
Kotak Mahindra Prime Limited
The District Superintendent of Police (Rural), Aluva
The Deputy Superintendent of Police, North Parur
The Station House Officer, Police Station, North Parur
N. Nagareth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
