National Collateral Management Services Ltd v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3593 of 2020 National Collateral Management Services Ltd., Rep. by its Area Manager/Authorised Signatory, L.Devaraj, S/o.Lourdhusamy, Classic Tower, 5th Floor, Trichy Main Road, Coimbatore.

... Petitioner Vs.

State by

1. The Supreintendent of Police, Tiruppur District, Tiruppur.

2.The Inspector of Police, Kamanaickenpalayam Police Station, Kamanaickenpalayam, Tiruppur District.

3.A.Palanisamy 4.P.Vijayalakshmi

5. Ramesh Godown,Proprietor, Ramesh, No.440/1A, Sivanthi Road, Kethanur, Palladam Taluk, Tiruppur District.

... Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to issue directions, directing the respondents 1 and 2 police to give adequate police protection to the petitioner company employees for inspect and taking delivery of the goods from the Ramesh Godown No.440/1A Sivanthi Road, Kethanur, Palladam Taluk, Tiruppur District on the basis of the complaint made by the petitioner company on 12.09.2019.

For Petitioner : Mr.C.Prakasam For Respondents 1 and 2: Mr.S.Karthikeyan Additional Public Prosecutor For Respondents 3 to 5 : No Appearance

O R D E R

This petition has been filed to to issue directions, directing the respondents 1 and 2 police to give adequate police protection to the petitioner company employees for inspect and taking delivery of the goods from the Ramesh Godown No.440/1A Sivanthi Road, Kethanur, Palladam Taluk, Tiruppur District on the basis of the complaint made by the petitioner company on 12.09.2019.

2. The petitioner company entered agreement with the bank for giving security and maintaining the mortgaged agricultural goods with banks and duty of the petitioner company to maintaining the agricultural goods which are pledged by the borrowers with banks and whenever the borrowers cleared the loan amount and as per instruction given by the banks, the said goods are return to the borrowers till such time, the petitioner company to safeguard the goods and maintain the goods. In this connection, the petitioner the petitioner made representation before the respondents 1 and 2 for seeking police protection for open and inspect the godown on 12.09.2019.

3. It is seen that there is a dispute between the petitioner and the respondents 3 to 5, in respect of mortgage agricultural goods with bank.

4. Considering the above facts and circumstances, the 2nd respondent is directed to conduct enquiry on the complaint dated 12.09.2019, after issuing notice to the respondents 3 to 5 and also after giving opportunity to the parties concerned, the 2nd respondent is directed to pass orders within a period of four weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar To

1. The Superintendent of Police, Tiruppur District, Tiruppur.

2.The Inspector of Police, Kamanaickenpalayam Police Station, Kamanaickenpalayam, Tiruppur District.

3. The Public Prosecutor, High Court, Madras.

Vgii(co) krd 7/10 Crl.O.P.No.3593 of 2020