K.K.Abdul Gafoor vs The District Police Chief
2021 Latest Caselaw 7280 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

 TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                    WP(C).No.2770 OF 2021(U)


PETITIONER:

               K.K.ABDUL GAFOOR
               AGED 50 YEARS
               KARUVANGATTUKAVIL HOUSE, NADUVATTOM P.O.,
               MALAPPURAM, REPRESENTED BY POWER OF ATTORNEY
               HOLDER, ASHARAF, S/O.AVARAN, CHATHANATHIL
               HOUSE, CHIRAKKAL, KURUMBATHUR, PUNNATHALA P.O.,
               TIRUR, MALAPPURAM-676302.

               BY ADV. SRI.I.DINESH MENON

RESPONDENTS:

      1        THE DISTRICT POLICE CHIEF
               OFFICE OF DISTRICT POLICE CHIEF, CIVIL STATION
               P.O., MALAPPURAM-676505.

      2        THE CIRCLE INSPECTOR OF POLICE,
               TIRUR, TIRUR P.O., MALAPPURAM-676302.

      3        THE BRANCH MANAGER,
               CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY
               LIMITED, TANUR P.O., TANUR-676302.

               R3 BY ADV. SRI.BINOY VASUDEVAN
               SRI SUNIL NATH N.B- GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C)No.2770 of 2021

                                  2

                             JUDGMENT

The petitioner, who is a registered owner of a stage carriage

bearing registration No.KL-55/Y-7529, on the strength of hire

purchase agreement with Cholamandalam Investment and

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

Constitution of India, seeking a writ of mandamus commanding

respondents 1 and 2 to afford adequate and sufficient protection

to the life and property of the petitioner from the threat of the

men engaged at the instance of the 3rd respondent Manager of

the Financier. The petitioner has also sought for a writ of

mandamus commanding respondents 1 and 2 to grant protection

against the forceful possession of the stage carriage vehicle

bearing registration No.KL-55/Y-7529 by the 3 rd respondent or his

men.

2. On 03.02.2021, when this writ petition came up for

admission, the learned Government Pleader took notice on

admission for respondents 1 and 2. The learned counsel entered

appearance for the 3rd respondent. This Court granted an interim

order directing the 2nd respondent to take necessary steps to

ensure that there is no threat to law and order in the locality, at WP(C)No.2770 of 2021

the instance of the 3rd respondent and his men.

3. Heard the learned counsel for the petitioner, the

learned Government Pleader appearing for respondents 1 and 2

and also the learned counsel for the 3rd respondent.

4. The learned Government Pleader, on instructions,

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

5. Having considered the submissions made by the

learned counsel on both sides, this Court finds that the specific

stand taken by the 3rd respondent is that the said respondent has

absolutely no intention to take law into his own hands in order to

take possession of the vehicle.

In such circumstances, this writ petition is disposed of

recording the aforesaid stand taken by the 3rd 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 or his men.

Sd/-

ANIL K. NARENDRAN JUDGE

yd WP(C)No.2770 of 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RC BOOK OF KL-55 Y 7529.

EXHIBIT P2 TRUE COPY OF THE PERMIT DATED NIL.

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.9400/2020 DATED 3.8.2020.

EXHIBIT P4 TRUE COPY OF THE ORDER IN WP(C) NO.20554/2020 DATED 1.10.2020.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 29.1.2021.

THE RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE