Abdul Azeez K.P. vs The District Police Chief ...
2021 Latest Caselaw 4840 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

     WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST
                        MAGHA,1942

                  WP(C).No.29166 OF 2020(U)


PETITIONER/S:

             ABDUL AZEEZ K.P., AGED 48 YEARS
             S/O.KAMMUKUTTY HAJI, KUPPANTEPURAKKAL HOUSE,
             PUTHIYAKADAPPURAM P.O., MALAPPURAM 679302

             BY ADV. SRI.I.DINESH MENON

RESPONDENT/S:

     1       THE DISTRICT POLICE CHIEF MALAPPURAM
             CIVIL STATION P.O., UPHILL, MALAPPURAM 676 505

     2       THE CIRCLE INSPECTOR OF POLICE
             TIRUR, TIRUR P.O., MALAPPURAM 679 302

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

             R1 SRI. SUNIL NATH N.B
             R3 BY ADV. SRI.BINOY VASUDEVAN

OTHER PRESENT:

             SRI SUNIL NATH N.B- GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                          -2-
W.P.(C). No. 29166 of 2020



                                      JUDGMENT

The petitioner, who is the stage carriage owner of a

stage carriage bearing Registration No.KL-55/Z-6878, which is

purchased availing hire purchase facility from the 3 rd

respondent, has filed this writ petition under Article 226 of the

Constitution of India, seeking a writ of mandamus

commanding respondents 1 and 2 to grant adequate and

effective protection to the life and properties of the petitioner

and his family members including vehicle KL-55/Z-6878, from

3rd respondent and their men, by considering Ext.P3 request.

2. On 29.12.2020, when this writ petition came up for

admission, the learned Government Pleader for respondents 1

and 2 as well as the learned counsel for the 3 rd respondent

Financier sought time for taking instructions. This Court

granted an interim order directing respondents 1 and 2 to

maintain law and order situation for a period of two weeks.

The said interim order, which was extended from time to time,

is still in force.

3. Heard the learned counsel for the petitioner, the

W.P.(C). No. 29166 of 2020

learned Government Pleader appearing for respondents 1 and

2 and also the learned counsel for the 3rd respondent financier.

4. The learned Government Pleader, on instructions,

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

5. The learned counsel for the 3rd respondent financier

would submit that the said respondent has absolutely no

intention to take law into his own hands in order to take

possession of the vehicle.

Having considered the submissions made by the learned

counsel on both sides, this writ petition is disposed of

recording the aforesaid stand taken by the 3 rd respondent and

by directing the 2nd respondent to take necessary steps to

ensure that there is no threat to law and order in the locality,

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

Sd/-

ANIL K.NARENDRAN JUDGE das

W.P.(C). No. 29166 of 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RC BOOK OF KL-55 Z

EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.9400/2020 DATED 3.8.2020

EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 24.12.2020

EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.26169/2020 DATED 26.11.2020