← Library
Madras High CourtWP/9932/2024disposed of

P.Sakthivel Murugan, v. The Commissioner Of Police,

2024-04-16Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2024

CORAM

THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN and W.M.P.No.10946 of 2023 P.Sakthivel Murugan ... Petitioner Vs.

1.The Commissioner of Police, O/o.the Commissioner of Police, Sirupooluvapatti Link Road, 2.The Inspector of Police, North Police Station, 3.The Village Administrative Officer, No.15, Velampalayam Village, 4.The Authorized Officer, Karur Vysya Bank Limited, No.315, Kumaran Road, Tirupur-641 601.

5.N.Mahadevan ... Respondents 1/4

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 & 2 to provide adequate police protection to the Advocate Commissioner appointed by the Chief Judicial Magistrate under his order dated 15.03.2022 in Crl.M.P.No.886 of 2022 for taking physical possession of the property purchased by the petitioner in the auction conducted by the 4th respondent situate at Door No.13/1, Site No.47, S.F.No.251, Dhuvaragi Nagar, 2nd Street, College Road, No.15, Velampayalam, Tirupur Taluk and District and consequently direct the 4th respondent to handover physical possession of the said property to the petitioner, within a time limit.

For Petitioner : Mr.N.Ramakrishnan For R1 & R2 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side)

ORDER

This Writ Petition is filed for direction to the respondents 1 and 2 for providing police protection to the Advocate Commissioner to take possession of the property which the petitioner herein had purchased through auction under Section 14 of the SARFAESI Act. 2.

The learned Government Advocate (Crl.Side) appearing for the State submits that though there is a specific order by the Chief 2/4

Judicial Magistrate to provide police protection to the Advocate Commissioner for taking possession, no formal request from the Advocate Commissioner so far received. If such request is made, necessary protection will be granted as per the order passed by the Chief Judicial Magistrate.

3.

In view of the above undertaking, this Criminal Original Petition is disposed of directing the petitioner herein to make request for police protection through the Advocate Commissioner and proceed. Consequently, the connected Miscellaneous Petition is closed. 16.04.2024 rpl To 1.The Commissioner of Police, O/o.the Commissioner of Police, Sirupooluvapatti Link Road, Dr.G.JAYACHANDRAN, J.

rpl 2.The Inspector of Police, North Police Station, 3/4

3.The Village Administrative Officer, No.15, Velampalayam Village, 4.The Authorized Officer, Karur Vysya Bank Limited, No.315, Kumaran Road, Tirupur-641 601.

5.The Public Prosecutor, High Court of Madras, Chennai.

16.04.2024 4/4