ANIL K.NARENDRAN, J.
The petitioner, who is the registered owner of a stage carriage bus bearing registration No.KL-10AJ-8406 has approached this Court seeking a writ of mandamus compelling the first respondent to afford proper and adequate police protection to the life of the petitioner and his crew members for operating the said vehicle from any threat being caused by the 2nd respondent or its agents. It is admitted by the petitioner that he has availed a loan from the second respondent for purchasing the above stage carriage and that the second respondent has already taken coercive steps against the petitioner in view of the default committed in paying the monthly instalments.
2. The learned Government Pleader on instructions submitted that till date the petitioner has not made any complaint before the first respondent alleging any threat being caused by the second respondent and its agents. The learned Government Pleader further submitted that as and when such a petition is W.P.(C)No.11177 of 2014 2 received the first respondent shall take necessary steps to give adequate protection to the life of the petitioner and that of his crew members from any threat being caused by the 2nd respondent or its agents. Though, time was sought on 13.5.2014 to file counter, no counter affidavit is filed on behalf of the 2nd respondent.
3. If the petitioner has defaulted repayment of loan, the 2nd respondent has to proceed against the petitioner in accordance with law and the 2nd respondent or its agents cannot take law into their hands.
In such circumstances, this Writ Petition is disposed of with the following directions:-
1. If there is any threat to the petitioner or to his crew members in operating the stage carriage bearing registration No. KL-10AJ- 8406 from the second respondent or its agents, the petitioner shall make a representation before the first respondent seeking necessary police protection.
2. On receipt of such representation the first respondent shall afford adequate police protection to the life of petitioner and his crew members and also for operating the stage carriage bearing registration No.KL-
W.P.(C)No.11177 of 2014 3 10AJ-8406 from any threat or obstruction being caused by the 2nd respondent or its agents.
It is made clear that this judgment will not stand in the way of the 2nd respondent taking appropriate legal proceedings against the petitioner for recovery of loan amount, in accordance with law.
A.V.RAMAKRISHNA PILLAI, JUDGE skj ANIL K.NARENDRAN, JUDGE