Kerala High Court
Stuwert John vs The State Police Chief on 4 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 3115 OF 2024
PETITIONER:
STUWERT JOHN
AGED 42 YEARS
S/O RAJAYYAN, KRIPA BHAVAN, KURUVILPURAM,
OTTASEKHARAMANGALAM, POOZHANAD, THIRUVANANTHAPURAM,
PIN - 695125
BY ADVS.
S.MOHAMMED AL RAFI
THAJUNA MARIA FRANCIS
RESPONDENTS:
1 THE STATE POLICE CHIEF
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695010
2 THE STATION HOUSE OFFICER
ARYANCODE POLICE STATION, ARYANCODE,
THIRUVANANTHAPURAM, PIN - 695125
3 THE MANAGER
BAJAJ FINANCE LIMITED, KALLINGAL LIMITED, NEAR POLICE
STATION, MANNANTHALA, THIRUVANANTHAPURAM, PIN - 695015
BY ADVS.
PHILIP T.VARGHESE
THOMAS T.VARGHESE
ACHU SUBHA ABRAHAM
V.T.LITHA
K.R.MONISHA
SRI P M SHAMEER-GP;SRI PHILIP T VARGHESE-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3115 OF 2024 2
JUDGMENT
The petitioner approached this Court at a time when he
apprehended that the 3rd respondent would use force to repossess an
"Autorikshaw", which he had purchased availing financial assistance
from them; but when this matter was called today, Sri.Mohammed Al
Rafi S. - his learned counsel, conceded that, pending this lis and on the
basis of the order of a competent Court, the vehicle has been validly
repossessed by the 3rd respondent. He thus prayed that the said
respondent be directed to allow him to pay off the entire loan liability in
few instalments, so that he can get back the vehicle and eak his
livelihood.
2. Sri.Philip T.Varghese - learned Standing Counsel for
respondent No.3, however, submitted that this writ petition has become
infructuous because, his client has already repossessed the vehicle in
terms of law, as admitted above; but offered that if the petitioner is to
approach them with a proper representation, seeking repayment of the
outstanding loan amounts in a manner which is apposite, it would be
considered by its competent Authority without any avoidable delay.
Recording the afore submissions, I allow this writ petition,
permitting the petitioner to approach the 3 rd respondent with an
appropriate representation seeking any relief that he may deem fit; in
which event, the said Authority will consider the same, after affording
him an opportunity of being heard, thus culminating in an appropriate
order and necessary action thereon, as expeditiously as is possible, but
not later than two weeks from the date on which any such
representation is made.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/5.4
APPENDIX OF WP(C) 3115/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED TO THE PETITIONER IN
RESPECT OF VEHICLE BEARING THE REGISTRATION
NO. KL- 74-8571
Exhibit P2 TRUE COPY OF THE STATEMENT OF THE ACCOUNT
ISSUED TO THE PETITIONER BY THE 3RD
RESPONDENT
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
21/01/2024 SUBMITTED BY THE PETITIONER TO
2ND RESPONDENT
