Nazeer A. M. v. Branch Manager, IndusInd Bank, Erattupetta; Authorized Signatory, IndusInd Bank; District Police Chief, Kottayam; Circle Inspector of Police, Erattupetta

## **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 1[st] 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 3 before the 3[rd] 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 4. 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 4 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." 5 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 1[st] respondent for purchasing stage carriages and motor car. On 15.02.2021, certain persons claiming to be the employees of the 1[st] 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 6 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 4[th] 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 4[th] 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 4[th] 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 4[th] 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 7 No order as to costs. Sd/- **ANIL K. NARENDRAN, JUDGE** SPR W.P(C).No.5012 OF 2021 8 ## **APPENDIX** ||**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.**| ||**9400/2020 DATED 03.08.2020 OF THE HON'BLE**| ||**HIGH COURT OF KERALA.**| |**EXHIBIT P7**|**TRUE COPY OF THE ORDER IN WPC NO.825/2020**| ||**DATED 27.11.2020 OF THE HON'BLE SUPREME**| ||**COURT OF INDIA.**| |**EXHIBIT P8**|**TRUE COPY OF THE JUDGMENT IN WPC NO.**| ||**26266/2020 DATED 27.01.2021 OF KERALA**| ||**HIGH COURT.**| |**EXHIBIT P9**|**TRUE COPY OF THE INTERIM ORDER IN WPC NO.**| ||**26266/2020 DATED 30.11.2020 OF KERALA**| ||**HIGH COURT.**| |**EXHIBIT P10**|**TRUE COPY OF THE REQUEST BEFORE THE**| ||**RESPONDENTS 2 AND 3 FOR POLICE PROTECTION**| ||**DATED 18.02.2021.**| ## **RESPONDENT'S/S EXHIBITS: NIL.**