Disposed

Sajan Philip v. Station House Officer

Kerala HC16 Aug 2022WP(Crl.)/145/2022

Case brief

AI extract

What is this about?

In a criminal writ petition, the petitioner sought a writ directing the police to prevent the finance company from forcibly recovering his stage carriage via illegal means. The court noted the respondent's assurance against illegal action and disposed of the petition.

What did the court decide?

Writ petition closed; no specific writ issued. Court noted respondent has no intention to act illegally.

Sajan Philip Vs Station House Officer — Banking and Recovery | Kerala HC (2022)

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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 ZIYAD RAHMAN A.A.

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TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
WP(CRL.) NO. 145 OF 2022

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PETITIONER:

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SAJAN PHILIP
AGED 50 YEARS
KAROTTU PALACKAL HOUSE,
SOUTH PAMPADY P.O., VETTAKUNNU,
KOTTAYAM, PIN – 686516

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BY ADV A.K.HARIDAS

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RESPONDENTS:

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1STATION HOUSE OFFICER
PAMPADY POLICE STATION
PAMAPDY P.O. , KOTTAYAM, PIN – 686502

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2HINDUJA LEYLAND FINANCE LTD.
KOTTAYAM BRANCH, 536 1ST FLOOR,
THADATHI BUILDING, SHASTHRI ROAD, KOTTAYAM
REP. BY IT'S BRANCH MANGER

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BY ADVS.

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ADV SUSANTH SHAJI
ADV ALBIN A. JOSEPH(K/1299/2020)
ADV SEENA C – PUBLIC PROSECUTOR

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(CRL.) NO. 145 OF 2022

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JUDGMENT

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The prayers sought for by the petitioner are as follows:

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“i. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1^st respondent to ensure that the 2^nd respondent do not acting by force to recover the vehicle No.KL 05 AV1970.

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ii. To grant such other and further reliefs as this Hon’ble court may deem fit and proper in the facts and circumstances of the case.”

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The petitioner is the owner of a stage carriage bearing Registration No.KL 05 AV 1970 which was purchased by the petitioner after availing a credit facility from the 2^nd respondent. The petitioner apprehends that, the 2^nd respondent will forcibly take possession of the said vehicle by using illegal means. The above prayers were sought for by the petitioner in such circumstances.

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When the writ petition came up for consideration, the learned counsel appearing for the 2^nd respondent submits that, they do not have any intention take possession of the vehicle by adopting any illegal means. This is recorded and this writ petition

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WP(CRL.) NO. 145 OF 2022

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is closed. This shall not preclude the 2^nd respondent from

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initiating appropriate legal proceedings.

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Sd/-

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ZIYAD RAHMAN A.A.
JUDGE

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scs

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WP(CRL.) NO. 145 OF 2022

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APPENDIX OF WP(CRL.) 145/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF LOAN SANCTION LETTER WITH
PAYMENT SCHEDULE OF THE LOAN DATED
03.11.2019
Exhibit P2TRUE COPY OF REGISTRATION CERTIFICATE
OF THE VEHICLE N0. KL05 AV1970
Exhibit P3TRUE COPY OF RBI GUIDE LINES
Exhibit P4TRUE COPY OF THE COMPLAINT DATED
04.2.222

Sajan Philip v. Station House Officer

Case brief

What is this about?

What did the court decide?

Sajan Philip v. Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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