Nithin Cleetus vs Commissioner Of Police
2022 Latest Caselaw 2095 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA, 1943
                         WP(C) NO.4701 OF 2022
PETITIONER :-

           NITHIN CLEETUS, AGED 38 YEARS
           S/O. CLEETUS, KANNAKARI HOUSE, KUMBALANGI P.O,
           KOCHI TALUK, ERNAKULAM, PIN - 682 007.

           BY ADV I.DINESH MENON


RESPONDENTS :-

    1      THE COMMISSIONER OF POLICE
           KOCHI CITY, REVENUE TOWERS, ERNAKULAM, KOCHI - 682 011.

    2      THE SUPERINTENDENT OF POLICE (ERNAKULAM, RURAL)
           POWER HOUSE ROAD JUNCTION, SUB JAIL ROAD,
           PERIYAR NAGAR, ALUVA, ERNAKULAM DISTRICT - 683 101.

    3      THE STATION HOUSE OFFICER
           PALLURUTHI POLICE STATION, PALLURUTHI,
           ERNAKULAM - 682 006.

    4      GIREESH KUMAR, AGED 54 YEARS
           S/O. RAJAN, KUZHIPARAMBIL HOUSE, PALLURUTHY P.O,
           ERNAKULAM - 680 006.

    5      SHEEBA GIREESH, AGED 46 YEARS
           W/O. GIREESH KUMAR, KUZHIPARAMBIL HOUSE,
           PALLURUTHY P.O, ERNAKULAM - 682 006.

          BY ADVS.
          K.V.JAYADEEP MENON
          T.P.RAMESH (THENGUMPILLIL)
          P.KRISHNAPRIYA
          VAISHAKH M.S
          SRI.T.K.SHAJAHAN, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.4701 OF 2022

                               -: 2 :-


                           JUDGMENT

Dated this the 24th day of February, 2022

This writ petition is filed seeking directions to respondents 1

to 3 to afford adequate and effective protection to the life of the

petitioner and his employees to run and operate the vehicle

bearing registration No.KL-41 B 6695 on the route Kumbalangi-

Kakkanad.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned counsel

appearing for respondents 4 and 5.

3. The contention of the petitioner in the writ petition is

that the petitioner is the bona fide purchaser of the stage carriage

bearing registration No.KL-41 B 6695 which is covered by a valid

regular permit on the route Kumbalangi-Kakkanad. It is contended

that the petitioner comes within the definition of 'owner' as

provided in Section 2(30) of the Motor Vehicles Act, 1988 and that

therefore, the petitioner was entitled to operate the vehicle. The

petitioner had raised a specific contention that on 10.2.2022, the

3rd respondent, with the help of certain miscreants, tried to take

forceful possession of the vehicle and the petitioner had submitted

a complaint before the police. It is stated by the learned counsel WP(C) NO.4701 OF 2022

for the petitioner that the respondents had been threatening and

intimidating the petitioner and attempting to take forceful

possession of his vehicle which led to the filing of this writ petition.

4. The learned Government Pleader submits, on

instructions, that the issue between the parties is in the nature of a

civil dispute and that there is no law and order situation and no

reports of any criminal activity by respondents 4 and 5.

5. A counter affidavit has been placed on record by

respondents 4 and 5. It is submitted that the 5 th respondent is the

registered owner of the stage carriage bearing registration No.KL-

41 B 6695 and that the stage carriage permit is also issued in the

name of the 5th respondent. It is submitted that there was an

agreement for sale of the vehicle entered into between the 4 th

respondent and the petitioner and that an amount of Rs.5,00,000/-

has been paid as advance. It is stated that the balance amounts

have not been paid and there are disputes between the parties with

regard to the ownership of vehicle. It is specifically contended that

respondents 4 and 5 were in possession of the vehicle even

thereafter and that the contentions raised by the petitioner are

completely false and are raised only for the purpose of obtaining

undue advantage in the dispute between the parties. It is further WP(C) NO.4701 OF 2022

submitted that the 4th respondent had submitted a complaint

before the police as early as on 30.1.2022 which had not been

acted upon in any manner.

6. I have considered the rival contentions of the parties. It

is apparent that the dispute between the parties is with regard to

the ownership of a motor vehicle. The 5 th respondent claims to be

the registered owner and the petitioner contends that he had

purchased the vehicle in pursuance to an agreement. Evidently,

what is in issue between the parties is a dispute with regard to

ownership of the vehicle and the amounts to be paid for transfer of

such ownership. I am of the opinion that the prayers sought for,

for grant of police protection for the operation of the vehicle by the

petitioner cannot be considered by this Court in these proceedings

since the question of ownership of the vehicle itself is in question

and the 5th respondent admittedly remains the registered owner.

In any view of the matter, in view of the apprehension

raised by the learned counsel for the petitioner that respondents 4

and 5 may physically threaten the petitioner or cause physical

harm to him and his family, in case of any threat or intimidation to

the petitioner or his family members by respondents 4 and 5 or

anybody claiming through them, the petitioner may approach the WP(C) NO.4701 OF 2022

Station House Officer, who shall afford adequate protection to the

life of the petitioner. All other questions with regard to the

ownership of the vehicle are left open to be decided in appropriate

proceedings.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/25.2.2022 WP(C) NO.4701 OF 2022

APPENDIX OF WP(C) 4701/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SALE AGREEMENT DATED 20.10.2017.

Exhibit P2 TRUE COPY OF THE SUIT IN OS NO. 44/2022 DATED 27.01.2022.

Exhibit P3 TRUE COPY OF THE INJUNCTION ORDER IN IA 2/2022 IN OS NO. 22/2022 DATED 29.01.2022.

Exhibit P4 TRUE COPY OF THE PROSECUTION PETITION IN OS NO.44/2022 DATED 8.2.2022.

Exhibit P5 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER ON 10.02.2022.

RESPONDENTS' EXHIBITS :-

EXHIBIT R4(a) : TRUE PHOTOCOPY OF THE REGISTERED LAWYER NOTICE DATED 12.03.2019 ISSUED BY THE 4TH RESPONDENT HEREIN TO THE PETITIONER.

EXHIBIT R4(b) : TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE PETITIONER ON 19.03.2019.

EXHIBIT R4(c) : TRUE PHOTOCOPY OF THE REGISTERED LAWYER NOTICE DATED 20.05.2019 ISSUED BY THE 4TH RESPONDENT HEREIN TO THE PETITIONER.

EXHIBIT R4(d) : TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE PETITIONER ON 21.05.2019.

EXHIBIT R4(e) : TRUE PHOTOCOPY OF THE RECEIPT DULY EXECUTED AND SIGNED BY THE PETITIONER DATED 09.12.2021.

EXHIBIT R4(f) : TRUE PHOTOCOPY OF THE RECEIPT DATED 04.10.2021 ISSUED BY THE INDUSIND BANK.

EXHIBIT R4(g) : TRUE PHOTOCOPY OF THE RECEIPT DATED 10.11.2021 ISSUED BY THE INDUSIND BANK.

WP(C) NO.4701 OF 2022

EXHIBIT R4(h) : TRUE PHOTOCOPY OF THE RECEIPT DATED 14.12.2021 ISSUED BY THE INDUSIND BANK.

EXHIBIT R4(i) : TRUE PHOTOCOPY OF THE RECEIPT DATED 18.01.2022 ISSUED BY THE INDUSIND BANK.

EXHIBIT R4(j) : TRUE PHOTOCOPY OF THE NO OBJECTION CERTIFICATE FOR PERMIT RENEWAL DATED 12.05.2021 ISSUED BY THE INDUSIND BANK.

EXHIBIT R4(k) : TRUE PHOTOCOPY OF THE COMPLAINT DATED 30.01.2022 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT.

EXHIBIT R4(l) : TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT RECEIPT DATED 31.01.2022 ISSUED BY THE 3RD RESPONDENT HEREIN TO THE 4TH RESPONDENT.

EXHIBIT R4(m) : TRUE PHOTOCOPY OF THE PAPER NEWS PUBLISHED IN 'KERALA KAUMUDI' DATED 01.02.2022 REGARDING THE THEFT OF THE VEHICLE.

EXHIBIT R4(n) : TRUE PHOTOCOPY OF THE COMPLAINT DATED 02.02.2022 SUBMITTED BY THESE RESPONDENTS BEFORE THE ASSISTANT COMMISSIONER OF POLICE.

EXHIBIT R4(o) : TRUE PHOTOCOPY OF THE COMPLAINT DATED 02.02.2022 SUBMITTED BY THESE RESPONDENTS BEFORE THE DISTRICT POLICE COMPLAINT AUTHORITY.