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Madras High CourtWP/14896/2017dismissed

R.Sridhar, v. The Commissioner Of Police,

2017-06-15Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2017

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM W.P.No.14896 of 2017 & W.M.P.No.16136 of 2017 R.Sridhar ... Petitioner Vs.

1. The Commissioner of Police, City Police Commissioner Office, Vepery, Chennai-600 007.

2. The Deputy Commissioner of Police, Deputy Police Commissioner Office, Adayar,

3. The Inspector of Police, Thiruvanmiyur Police Station, Thiruvanmiyur,

4. E.Ammamuthu ... Respondents Petition filed under Article 226 of The Constitution of India, praying for the issuance of Writ of a Mandamus, to direct the respondents 1 & 2 to register a case against the fourth respondent under the Act to Prohibit the Charging of Exorbitant Interest by Violating Money Lenders Act under Section 7 by the third respondent on the petitioner's petition dated 06.06.2017.

For Petitioner : Mr.S.Radhakrishnan For RR1 to 3 : Mr.Vairamoorthy, Special Government Pleader

ORDER

This writ petitioner seeks a direction for the issuance of Mandamus, to direct the respondents 1 & 2 to register a case against the fourth respondent under the Act to prohibit the charging of exorbitant Interest by violating Money Lenders Act under Section 7 by the third respondent on the petitioner's petition dated 06.06.2017.

2.Heard Mr.S.Radhakrishnan, learned counsel for petitioner and Mr.Vairamoorthy, learned Special Government Pleader for respondents 1 to 3.

3.The claim of the petitioner is that the petitioner had borrowed sums and effected partial repayment and that he was also ready to effect repayment of the balance amount. However, the fourth respondent has demanded interest on repayments made and also wrongly taken possession of car belonging to the petitioner. Section 5 and 6 of the Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, provide for relief in case such as those informed by petitioner. It is brought to notice that Court designated for such purpose is IX Assistant City Civil Court, Chennai. Leaving it open to the petitioner to move the appropriate Court seeking remedy, this writ petition shall stand dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Commissioner of Police, City Police Commissioner Office, Vepery, Chennai-600 007.

2. The Deputy Commissioner of Police, Deputy Police Commissioner Office, Adayar,

3. The Inspector of Police, Thiruvanmiyur Police Station, Thiruvanmiyur, +1cc to Mr.S.Radhakrishnan, Advocate, S.R.No.42812 +1cc to the Government Pleader, S.R.No.42772 W.P.No.14896 of 2017 CS IV CA(11/08/2017)

C.T.SELVAM. J., dn/kpr