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Madras High CourtWP/1901/2016disposed of

M/S. Dena Bank, v. The Superintendent Of Police,

2021-08-16Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. NOS.1901 AND 1902 OF 2016 AND WMP NOS.1670 TO 1673 OF 2016 AND WMP.NOS.3228 AND 3229 OF 2016 M/s Dena Bank, Erode Branch, No.1082, Brough Road, Erode 638 001, Erode District, rep. by its Branch Manager Mr.N.Muthu Saravanan ... Petitioner in both WPs Vs.

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

2. The Deputy Superintendent of Police, Bhavani Municipality, Erode District.

3. The Inspector of Police, Chithode Police Station, Erode District.

4. The Inspector of Police, Karungalpalayam Police Station, Erode District. ... in both WPs

5. M/s Mridula Textiles, A Partnership Firm, No.84/2, Vettuvapalayam Post, Karamadai, Nasiyanoor, Erode 638 107.

rep. by its Partners Mrs. P.Bagyalakshmi and Mr.M.Murugan.

... 5th Respondent in WP 1901/16

6. Mrs. P.Bagyalakshmi, partner, M/s Mridula Textiles, A Partnership Firm, No.84/2, Vettuvapalayam Post, Karamadai, Nasiyanoor, Erode 638 107.

... 6th Respondent in WP 1901/16 & 1902/16

7. Mr.M.Murugan, Partner, M/s Mridula Textiles, A Partnership Firm, No.84/2, Vettuvapalayam Post, Karamadai, Nasiyanoor, Erode 638 107.

... 7th Respondent in WP 1901/16

8. Mr.V.M.Loganathan ... 7th & 8th Respondent in WP 1902/16

9. Mr.V.K.Palanisamy ... 8th & 9th Respondent in WP 1901/16 10.R.Prasanna ... 5th Respondent in WP 1902/16 (R8 and R9 are impleaded as per order dated 7.3.2016 passed in WMP No.7321/2016 in W.P.No.1901 of 2016 and R7 & R8 in WMP No.7322 of 2016 in W.P.No.1902 of 2016) ... Respondents in both writ petitions common prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to order round the clock Police Protection in respect of the 5th respondent's respective premises bearing Nos.84/2 and 32/A, Vettuvapalayam Post, Karamadai, Nasiyanoor, Erode 638 107 at the costs and expenses of the petitioner bank, so as to enable the petitioner bank to take control of the hypothecated securities.

In both writ petitions For Petitioner : Mr.G.R.Lakshmanan For Respondents: Mr.G.Krishnaraja, Govt. Counsel for R1 to R4.

Mr.I.C.Vasudevan for R9 in WP 1901/16 and R8 in WP 1902/16 R7 Disd vide order dated 16/06/2017 in WP 1902/16 R8 Disd vide order dated 16/06/2017 in WP 1901/16 COMMON ORDER Today, when the matters were taken up for hearing, the learned counsel appearing for the petitioner fairly submitted that subsequent to the filing of these writ petitions, the fifth respondent had vacated the subject premises and hence, nothing survives for further adjudication.

2. Recording the submission so made by the learned counsel appearing for the petitioner, these writ petitions are dismissed as infructuous. No costs. Connected writ miscellaneous petitions are closed.

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

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

2. The Deputy Superintendent of Police, Bhavani Municipality, Erode District.

3. The Inspector of Police, Chithode Police Station, Erode District.

4. The Inspector of Police, Karungalpalayam Police Station, Erode District. +1cc to the Government Pleader, S.R.No.41068,41064 W.P.Nos.1901 and 1902 of 2016 PVS(CO) PM/17/09/2021 PM/27/09/2021