IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
WEDNESDAY, THE 2ND DAY OF JUNE 2021 / 12TH JYAISHTA, 1943
WP(C) NO. 11680 OF 2021
PETITIONER:
AJITHKUMAR,
AGED 31 YEARS,
S/O. AJAYKUMAR, KAREPARAMBIL (H),
KOTTAPADY P.O., THRISSUR.
BY ADVS.
SRI.I.DINESH MENON
SRI.L.RAJESH NARAYAN
RESPONDENTS:
1 THE COMMISSIONER OF POLICE,
THRISSUR CITY, THRISSUR-680003.
2 THE CIRCLE INSPECTOR OF POLICE,
KANDANASSERY, GURUVAYOOR-680101.
3 THE CIRCLE INSPECTOR OF POLICE,
VADAKKEKKAD-679562.
4 NAZEER KEEDATHAYIL,
S/O. KAREEM, CHANGELATH HOUSE, PUNNAKKAVU,
PUNNAYURKULAM P.O., THRISSUR-679561.
5 BRANCH MANAGER,
HDFC BANK, THRISSUR-680001.
R1 to R3 BY GOVERNMENT PLEADER SRI.N.B.SUNIL NATH
R5 BY ADV.SRI.P.SATHEESAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.11680 of 2021 2
JUDGMENT
Dated this the 2nd day of June, 2021 This petition is filed under Article 226 of the Constitution of India. The petitioner is an NRI businessman who purchased a 2017 model motor car bearing Registration No.KL-46 Q1347 having hypothecation with HDFC Thrissur Branch from the 4 th respondent for a consideration of Rs.2,02,000/-. The true copy of the transaction receipts are produced alongwith the petition on hand as Ext.P1. It is submitted by the petitioner that at the time of purchase of the car, he was told by the 4 th respondent that only a sum of Rs.8,00,000/- is due to the 5th respondent. But in the enquiry made it was made known to the petitioner that the sum actually due to the 5th respondent is Rs.22,00,000/-.
2. It is submitted by the learned counsel that petitioner was a bonafide purchaser and he is agreeable to pay the actual dues to the 5th respondent. His only grievance was that the vehicle seized is not produced before the court till date and therefore, it has become impracticable for him to approach the court and to apply for getting custody of the vehicle. Accordingly, a direction is sought to the authorities of the police station concerned who W.P.(C).No.11680 of 2021 3 has seized the vehicle to produce it before the Jurisdictional Court so as to enable him to apply for its release.
3. Sri.P.Satheesan, the learned Standing Counsel for the 5th respondent has contended that the vehicle has been hypothecated to the Bank and without the knowledge of the Bank that it has been transferred to the petitioner by the 4 th respondent. According to him large amount is due to the Bank as loan arrears.
4. This Court finds that even if the vehicle is not produced before the court, the petitioner could move an application under Section 457 Cr.P.C. before the court for getting the vehicle released. But as the matter stands, an adjudication to find out the real claimant is inevitable since the vehicle stands hypothecated to the 5th respondent by the 4th respondent and it was transferred in favour of the petitioner during the subsistence of the loan arrangement. At this juncture, it is submitted by the learned counsel that the petitioner proposes to move an application under Section 457 Cr.P.C before the Jurisdictional Magistrate.
In the result, this Court is inclined to dispose of the Writ Petition with a direction to the 2 nd respondent not to release the vehicle to any person approaching the police station with a W.P.(C).No.11680 of 2021 4 claim over it without the matter being adjudicated and decided by the Jurisdictional Magistrate.
Sd/-
MARY JOSEPH JUDGE MJL W.P.(C).No.11680 of 2021 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF TRANSACTION RECEIPTS SHOWING THE PAYMENT MADE TOWARDS 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF COMPLAINT PREFERRED BY 4TH RESPONDENT 30/12/2020.
EXHIBIT P3 TRUE COPY OF FIR NO.264/2021 DATED 29/04/2021.
EXHIBIT P4 TRUE COPY OF THE DISCHARGE SUMMARY DATED 29/04/2021 OF AJITHKUMAR.
EXHIBIT P5 TRUE COPY OF THE REQUEST DATED 04/05/2021. EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 04/05/2021 BEFORE THE SHO VANITHA POLICE STATION.
EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER IN WPC NO.11292/2021 DATED 19/05/2021.
RESPONDENTS' EXHIBITS: NIL
//TRUE COPY//
P A TO JUDGE