M/S A To Z Traders, Rep.By Its Partner, Mr.Mohideen Iqbal, v. The Official Liquidator, High Court, Madras

Comp.A.No.33 of 2022 in C.P.No.229 of 2004 SENTHILKUMAR RAMAMOORTHY, J.

This application is filed seeking suitable directions to respondents 2 to 4 to provide necessary police protection and assistance to the applicant for dismantling and removing the machinery sold as per order dated 24.09.2021 in in Comp.A.No.24 of 2021 in C.P.No.229 of 2004.

2. By order dated 12.01.2022, the applicant was permitted to dismantle and remove the machinery purchased by him in accordance with conditions specified in the said order. The present application is consequential thereto. The applicant states that he has been unable to dismantle and remove the machinery on account of disturbance and obstructions caused by certain third persons claiming to espouse the interest of farmers. In spite of giving a complaint to respondents 2 to 4 herein, it is stated that antisocial elements are taking law into their own hands. The present application is filed in such circumstances. The Official Liquidator is present. He states that he has no objection and that his role was limited to opening the main gate of the premises and handing over the key to IREDA.

SENTHILKUMAR RAMAMOORTHY, J.

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3. Mr.Edwin Prabakar, learned Special Government Pleader, appears for the 2nd respondent and Mr.J.Subbiah, learned Government Counsel appears for the 3rd and 4th respondents. The learned counsel for the official respondents submits that they will comply with directions issued by this Court.

4. In view of the fact that the dismantling and removal of machinery by the applicant is pursuant to orders of this Court, it is just and necessary that such process should not be impeded by 3rd parties. Therefore, the applicant is entitled to succeed in this application.

5. Accordingly, respondents 2 to 4 are directed to provide police protection and necessary assistance, including by involving the revenue officials, if necessary, to enable the applicant to dismantle and remove the machinery as per earlier orders of this Court. Such dismantling and removal shall, however, be carried out strictly in accordance with the conditions imposed earlier. This application is disposed of with the above terms. In case the official respondents encounter any difficulty, it is open to them to approach this Court for directions. 04.02.2022 bsm https://www.mhc.tn.gov.in/judis __________ Page No.2/2