High CourtsDivision Bench(2012) 06 KL CK 0051

Shaji Scaria vs Sub Inspector of Police, Adimali Police Station, Idukki District-685561 and The Manager, Shriram Transport Finance Co. Ltd., Chennattumattom Junction, Kattappana-685508

High Court Of Kerala · Decided on 22 June 2012

HON’BLE JUDGES
K.M. Joseph, J · K. Harilal, J
CASE NUMBER
Writ Petition (C) . No. 14077 of 2012 (H)

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Judgment

5 paragraphs · 281 words

K.M. Joseph, J.—Petitioner has approached this Court seeking the following relief:

Issue a writ of mandamus or order or direction commanding the Ist respondent to render adequate and meaningful police protection to the life and properties of the petitioner from the hands of 2nd respondent and their henchmen forthwith."

Briefly put, the case of the petitioner is as follows: Petitioner had purchased a second hand Tempo Traveller which is financed by the 2nd respondent. The allegation is that 2nd respondent is trying to dispossess the petitioner of the vehicle by force.

2.

Today, when the matter came up, we heard the learned counsel for the petitioner, learned counsel for the party respondent and also the learned Government Pleader. A complaint was received from the petitioner, submits the learned Government Pleader. Learned counsel for the party respondent would submit that the party respondent has no intention to re-possess the vehicle by force. Learned counsel further submits that the amount due is Rs. 1,97,303/-. Learned counsel for the petitioner, in fact, submits that, petitioner will pay off the entire amount due in monthly installments and he prays for four monthly installments. We are inclined to grant three monthly installments. Accordingly, we dispose of the Writ Petition (Civil) as follows:

The petitioner shall pay the first installment on or before 10.7.2012. The further installments are to be paid on or before the 10th day of succeeding months and the entire amount will be paid in three months from 10.7.2012 as aforesaid. In the mean time, necessarily, if the petitioner complains of any attempt of re-possession by force by the second respondent, the first respondent will provide protection against such re-possession by the second respondent.