Kerala High Court

Nazeer A. M vs The Branch Manager on 3 March, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                       W.P(C).No.5012 OF 2021(B)


PETITIONER:

               NAZEER A. M
               AGED 34 YEARS
               S/O. MOHAMMEDKUTTY,
               AMBAZHATHIMAL HOUSE, NADACKAL P. O.
               ERATTUPETTA,
               PALA - 686 121.

               BY ADV. SRI. I.DINESH MENON

RESPONDENTS:

      1        THE BRANCH MANAGER
               INDUSIND BANK, ERATTUPETTA BRANCH,
               ERATTUPETTA - 686 121.

      2        THE AUTHORISED SIGNATORY,
               INDUSIND BANK, 1ST FLOOR,
               JAIN TOWER-2, VARAPUZHA ROAD,
               NEAR RAILWAY BRIDGE, EDAPPALLY,
               KOCHI - 682 024.

      3        THE DISTRICT POLICE CHIEF,
               KOTTAYAM, COLLECTORATE P. O.,
               KOTTAYAM - 686 002.

      4        THE CIRCLE INSPECTOR OF POLICE,
               ERATTUPETTA, OFFICE OF THE C.I. OF POLICE,
               ERATTUPETTA - 686 121.

               R1 - R2 - SRI. VARGHESE C. KURIAKOSE
               SRI. SUNIL NATH N. B- GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.5012 OF 2021

                                  2

                            JUDGMENT

The petitioner, who is the registered owner of stage carriages

and one motor car bearing Registration Nos.KL-38 F 4711, KL-35 J

2325, KL-35 K 2325, KL-35 CE 4122 and KL-37 C 7349 purchased

after availing hypothecation facility from the 1 st respondent Bank,

has filed this writ petition under Article 226 of the Constitution of

India seeking a writ of mandamus commanding respondents 3 and

4 to consider Ext.P10 representation dated 18.02.2021 and provide

adequate and effective police protection to the life and properties

of the petitioner against respondents 1 and 2 and their men. The

petitioner has also sought for a writ of mandamus commanding the

1st respondent not to take any coercive action against the

petitioner, taking note of Ext.P6 order dated 03.08.2020 of the Full

Bench of this Court in W.P(C) No.9400 of 2020 and Ext.P7 order

dated 27.11.2020 of the Apex Court in W.P (C) No.825 of 2020.

2. In the writ petition, it is alleged that on 15.02.2021

certain persons, claiming to be the employees of the 1 st respondent

Bank, entered into the residential house of the petitioner and

threatened him with dire consequences such as seizure of vehicles,

threat to life, etc. The petitioner submitted Ext.P10 complaint W.P(C).No.5012 OF 2021

before the 3rd respondent District Police Chief, Kottayam and the 4 th

respondent Circle Inspector of Police, Erattupetta, seeking police

protection and thereafter, moved this writ petition with the

aforesaid reliefs.

3. On 25.02.2021, when this writ petition came up for

admission, the learned Government Pleader sought time to get

instructions.

4. Heard the learned counsel for the petitioner,

Sri.Varghese Kuriakose, the learned Counsel for respondents 1 and

2 and also the learned Government Pleader for respondents 3 and

5. The Kerala Police Act, 2011 is enacted to consolidate and

amend the law relating to the establishment, regulation, powers

and duties of the Police Force in the State of Kerala and for matters

connected therewith and incidental thereto. Chapter II of the Act

deals with duties and functions of Police. Section 3 of the Act deals

with general duties of Police. As per Section 3, the Police, as a

service functioning category among the people as part of the

administrative system shall, subject to the Constitution of India

and the laws enacted thereunder, strive in accordance with the law, W.P(C).No.5012 OF 2021

to ensure that all persons enjoy the freedoms and rights available

under the law by ensuring peace and order, integrity of the nation,

security of the State and protection of human rights. Section 4 of

the Act deals with functions of Police. As per Section 4, the Police

Officers shall, subject to the provisions of the Act, perform the

functions enumerated in clauses (a) to (s) of Section 4. As per

clause (a), the Police Officers shall enforce the law impartially; and

as per clause (b), the Police Officers shall protect the life, liberty,

property, human rights and dignity of all persons in accordance

with the law.

6. Lord Denning in 'The Due Process of law' [First Indian

Reprint 1993, Page 102] has described the role of the Police thus;

"In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice.

The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force than the occasion warrants."

W.P(C).No.5012 OF 2021

7. In Manohar Lal Sharma v. Principal Secretary

[(2014) 2 SCC 532] the Apex Court held that, one of the

responsibilities of the police is protection of life, liberty and

property of citizens. The investigation of offences is one of the

important duties the police has to perform. The aim of investigation

is ultimately to search for truth and bring the offender to the book.

The Apex Court reiterated the said principle in Ankush Maruti

Shinde v. State of Maharashtra [(2019) 15 SCC 470].

8. The learned counsel for the petitioner would submit that

despite the adverse situations prevailing on account of Covid-19

pandemic, the petitioner has made repayment of the hypothecation

facility availed from the 1st respondent for purchasing stage

carriages and motor car. On 15.02.2021, certain persons claiming

to be the employees of the 1st respondent, caused threat to the life

and property of the petitioner and his family members.

9. The learned counsel for respondents 1 and 2 would

submit that since the time limit specified in the statutory notices

issued under Section 13(2) of the Securitisation and Reconstruction

of Financial Assets and Enforcement of Security Interest Act, 2002

(for brevity 'the SARFAESI Act') has already expired, the officers of W.P(C).No.5012 OF 2021

the Bank, on 15.02.2021, personally informed the petitioner as to

the default in repayment, before initiating further proceedings

under the provisions of the SARFAESI Act.

10. The learned Government Pleader, on instructions from

the 4th respondent Circle Inspector of Police would submit that

there is no law and order issues in the locality.

Having considered the submissions made by the learned

counsel on both sides, this Court deem it appropriate to dispose of

this writ petition with the following directions:-

(i) The 4th respondent shall take necessary steps to ensure that there is no threat to law and order in the locality, at the instance of respondents 1 and 2, in connection with any recovery steps taken by the Bank against the petitioner.

(ii) In case there is any threat to law and order in the locality, in connection with any recovery steps taken by respondents 1 and 2, the petitioner shall approach the 4th respondent Circle Inspector of Police with a request for police protection.

(iii) In case any such request for Police protection is made by the petitioner, the 4th respondent shall shall consider the same and take an appropriate action, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra.

W.P(C).No.5012 OF 2021

No order as to costs.

Sd/-

ANIL K. NARENDRAN, JUDGE SPR W.P(C).No.5012 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE STATEMENT DATED 30.04.2019 OF SC KL-35 J 2325.

EXHIBIT P2 TRUE COPY OF THE STATEMENT DATED 30.04.2019 OF CONTACT NO ES100199D.

EXHIBIT P3 TRUE COPY OF THE STATEMENT DATED 30.04.2019 OF CONTRACT NO ESI00224D.

EXHIBIT P4 TRUE COPY OF THE STATEMENT DATED 20.12.1990 LOAN NUMBER ES100251D.

EXHIBIT P5 TRUE COPY OF THE STATEMENT OF LOAN NO.

ES102964C.

EXHIBIT P6 TRUE COPY OF THE ORDER IN WPC NO.