2025:KER:27746 W.P.(C)No.34772 of 2024 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 34772 OF 2024 PETITIONER: NAJUMINISA BEEVI B. AGED 54 YEARS KABEER MANZIL, EDAMANAKUZHI NEAR HOUSING COMPLEX, KOTTUKAL (PART), THIRUVANANTHAPURAM, PIN - 695501 BY ADVS. H.NUJUMUDEEN ANTONY SHYJU SANEESH KUNJUKUNJU SIMI M JACOB SHERIN ACHU NINAN AFNAS MEERAN RESPONDENT: THE BRANCH MANAGER, INDUSIND BANK LTD, DOOR NO. 4/459, SA VILASAM, VENKODU P.O, VATTAPARA, THIRUVANANTHAPURAM, PIN - 695028 BY ADVS VARGHESE C.KURIAKOSE GP SRI B S SYAMANTHAK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27746 W.P.(C)No.34772 of 2024 2 C.S.DIAS, J -------------------------------------------- W.P.(C).No. 34772 of 2024 --------------------------------------------- Dated this the 01st day of April, 2025 JUDGMENT The writ petition is filed to direct the respondent bank not to take physical possession of the vehicle bearing No.KL38E5585 belonging to the petitioner. 2. The petitioner had availed a loan from the respondent bank to purchase the above vehicle. Due to reasons beyond the petitioner’s control, he could not pay the EMIs on time. The respondent is now attempting to take physical possession of the property. The action of the respondent is arbitrary. Hence, the writ petition. 2025:KER:27746 W.P.(C)No.34772 of 2024 3 3. Heard; the learned counsel for the petitioner and the learned counsel for the respondent. 4.When the writ petition came up for consideration on 14.10.2024, this Court had referred the parties to mediation. However, it is reported that the dispute has not been settled. 5. On a consideration of the facts and the materials on record, I find that the dispute between the parties is purely contractual in nature. There is no public duty involved in the writ petition. Therefore, I am not inclined to entertain the writ petition and exercise the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India. 2025:KER:27746 W.P.(C)No.34772 of 2024 4 In the said circumstances, the writ petition is dismissed, without prejudice to right of the petitioner to work out her remedies, in accordance with law. Sd/- C.S.DIAS SCB.01.04.25 JUDGE 2025:KER:27746 W.P.(C)No.34772 of 2024 5 APPENDIX OF WP(C) 34772/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LETTER DATED 23.09.2024 ISSUED BY THE PETITIONER BEFORE THE RESPONDENT BANK