K.A.Jose vs Hdb Financial Services Limited
2024 Latest Caselaw 32755 Ker

Kerala High Court

K.A.Jose vs Hdb Financial Services Limited on 12 November, 2024

                                                   2024:KER:84428


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR. JUSTICE P.M.MANOJ

  TUESDAY, THE 12TH DAY OF NOVEMBER 2024/21ST KARTHIKA, 1946

                       WP(C) NO. 9041 OF 2020

PETITIONER:

          K.A.JOSE,
          AGED 65 YEARS,
          S/O.ANTONY, KOOTTALA HOUSE, KOONAMMAVU P.O.,
          KOTTUVALLY VILLAGE, PARAVUR TALUK,
          ERNAKULAM DISTRICT.

          BY ADV P.M.ZIRAJ


RESPONDENTS:

    1     HDB FINANCIAL SERVICES LIMITED,
          2ND FLOOR, DOOR NO.11/275 D2,
          KALLUMKAL BUILDING, COLONY STOP,
          VAZHAKKALA, THRIKKAKARA PO., KAKKANAD,
          ERNAKULAM DISTRICT - 682 021,
          REPRESENTED BY ITS MANAGER.

    2     SUB INSPECTOR OF POLICE,
          VARAPPUZHA POLICE STATION,
          ERNAKULAM DISTRICT - 683 517.

    3     DISTRICT POLICE CHIEF,
          ERNAKULAM RURAL, ALUVA,
          ERNAKULAM - 683 101.

          BY ADVS.
          P.PAULOCHAN ANTONY P
          SREEJITH K.(K/380/2005)

          R2 AND 3 - SRI.RAJEEV GEORGE,GOVERNMENT PLEADER
 W.P.(C).No.9041 of 2020


                                                 2024:KER:84428
                              -2-

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.9041 of 2020


                                                          2024:KER:84428
                                      -3-

                              JUDGMENT

(Dated this the 12th day of November, 2024)

The writ petition is preferred alleging police

harassment. It is the case of the petitioner that, he availed

a loan from the 1st respondent and on default, along with

the 2nd respondent and other police personnel took

possession of the vehicle, without any authority of law.

2. Today, when the matter was taken up for

consideration, the learned Government Pleader on

instructions, provided by the 2nd respondent, submitted

that, the 1st respondent had already obtained an order from

II Additional District Judge, Ernakulam under LA No. 4 of

2020 in CMA (ARB) No.50/2020. The police has given

assistance in compliance with the directions by the II

Additional District Judge in CMA (ARB) No.50/2020. No

harassment is done by the 2nd respondent or any other police

personnel as alleged in the writ petition.

3. Recording the submissions, the writ petition is

closed as above and there is no need to grant any further

2024:KER:84428

orders in this writ petition.

Accordingly, the writ petition is dismissed.

Sd/-

P.M.MANOJ JUDGE

ADS

2024:KER:84428

APPENDIX OF WP(C) 9041/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF VEHICLE OF PETITIONER.

EXHIBIT P2 TRUE COPY OF THE INTIMATION DATED 24.02.2020 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 17.03.2020 SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT.