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2024 Supreme(Online)(Ker) 89962

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
NAHAS C M – Appellant
Versus
TATA MOTORS FINANCE LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: ARAVIND GHOSH
For the Respondents: FAZIL P SAJU THALIATH, JITHIN PAUL VARGHESE, C.PRABITHA, FADIL FAZIL, ASWATHY JAYACHANDRAN, ALVIN MATHEW, DEEPA NARAYANAN

Table of Content
1. petition for vehicle return. (Para 1 , 2)
2. absence of jurisdiction under article 12. (Para 3)

JUDGMENT

The writ petition is filed to direct the respondents to return the vehicle bearing registration No. KL-04-AR-1181 to the petitioner.

2. On a perusal of the writ petition, I find that the respondents are a private finance company.

3. Going by the law laid down by this Court in Mathew Ignitious V. The Catholic Syrian Bank ( 2019 (4) KLT 597 ), I am of the view that the respondents do not fall within the purview of Article 12 of the Constitution of India. Therefore, the writ petition is not maintainable.

Resultantly, the writ petition is dismissed without prejudice to the right of the petitioner to work out his remedies in accordance with the law.

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