Rajesh P.R vs The District Police Chief
2021 Latest Caselaw 19093 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                       WP(C) NO. 22320 OF 2020
PETITIONER:

               RAJESH P.R.
               AGED 40 YEARS
               PAPPANAL HOUSE, ERAVIMANGALAM MANJOOR P.O.
               KOTTAYAM.

               BY ADV. I.DINESH MENON

RESPONDENTS:

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

    2          THE CIRCLE INSPECTOR OF POLICE,
               KADUTHURUTHY POLICE STATION,
               KADUTHURUTHY P.O.- 686 604.

    3          THE BRANCH MANAGER,
               M/S SHRIRAM TRANSPORT FINANCE COMPANY LIMITED,
               KARIMATTAM PLAZA, NEAR S.H. MEDICAL CENTRE,
               RAILWAY STATION ROAD, KOTTAYAM-686 604.

               BY ADVS.
               SRI.C.HARIKUMAR
               SRI.RENJITH RAJAPPAN
               SRI.ANAND GOKULDAS
               SRI. E.C.BINEESH - GP


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   13.09.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.22320 of 2020

                                  2




                            JUDGMENT

The petitioner has approached this

Court alleging that certain officers and men

of the 3rd respondent - M/s.Shriram Transport

Finance Company Limited, are harassing him and

his family members, and forcing to settle a

loan facility which he has availed from them.

He says that, therefore, he was forced to

approach the 1st and 2nd respondents, through

Ext.P3, seeking protection, but alleges that

no action was taken on it; thus constraining

him to approach this Court, through this writ

petition.

2. When this matter was called today,

Sri.C.Harikumar, learned counsel appearing for

the 3rd respondent, submitted that the

allegations in this writ petition made by the

petitioner is solely intended to pre-empt

legitimate legal action which has been W.P.(C) No.22320 of 2020

initiated by his client against him. He

submitted that his client or his men has no

intention of causing any physical injury or

threat to the petitioner; however, praying

that this Court may allow them to proceed

against him as per law.

3. The learned Government Pleader,

Sri.E.C.Bineesh, also affirms that there has

been no reports of violation of law or order

by the 3rd respondent or their men; but added

that if the petitioner makes any such

complaint in future, necessary action will be

taken.

           Taking             note            of       the         afore

circumstances,            and            in        particular           the

submission made by Sri.C.Harikumar, I dispose

of this writ petition; consequentially

directing the 2nd respondent to take necessary

action as and when any complaint is preferred

by the petitioner against the 3rd respondent W.P.(C) No.22320 of 2020

or their men in future, after causing

necessary investigation as to whether it

amounts to violation of law and peace.

Sd/-

DEVAN RAMACHANDRAN, JUDGE.

ww W.P.(C) No.22320 of 2020

APPENDIX OF WP(C) 22320/2020 PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RC BOOK OF KL-36 B 3580.

EXHIBIT P2 TRUE COPY OF THE STATEMENT OF ACCOUNTS.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED TO RESPONDENTS 1 AND 2 DATED 17.10.2020.

EXHIBIT P4 TRUE COPY OF THE ORDER IN WPC NO 9400/2020 DATED 3.8.2020.

EXHIBIT P5 TRUE COPY OF THE ORDER IN WPC NO 20554/2020 DATED 1.10.2020