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Madras High CourtREV.APLWP Crl./4/2026disposed of

Rajamani v. International Asset Reconstruction Company Pvt Ltd

2026-06-10Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-06-2026

CORAM

THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN in WP No. 7418 of 2025 Rajamani 285/338, Marapettai Street, Pollachi - 642 001.

Coimbatore District.

..Petitioner(s) Vs

1. International Asset Reconstruction Co Pvt Ltd (Acting as Trustee of IARF I Trust Scheme 1), Regd Office At 406, DLF South Court Saket, New Delhi 110 017.

And Another Office At D.No.1, 9th Floor Prasanth Gold Towers, No.39, North Usman Road, T.Nagar, Chennai - 600 018.

Represented by its Authorised Signatory Ms Aruna Mannath.

2. Inspector of Police, Pollachi Town East Police Station, Pollachi.

3. The Deputy Superintendent of Police, Polllachi.

..Respondent(s) WP No. 7418 of 2025 INTERNATIONAL ASSET RECONSTRUCTION COMPANY PVT. LTD., (Acting In Its Capacity As Trustee of IARF I Trust Scheme 1) Having Its Registered Office At 406 DLF South Court Saket, New Delhi 110 017 And Appellant(s)

Another Office At D. No 1,9th Floor Prasanth Gold Towers, No 39, North Usman Road, T Nagar Chennai 600 018, Represented By Its Authorized Signatory Ms Aruna Mannath Vs

1. INSPECTOR OF POLICE POLLACHI TOWN EAST POLICE STATION.

2. The Deputy Superintendent Of Police Pollachi Respondent(s) PRAYER in REV.APLWP Crl. No. 4 of 2026:

Review Application in Writ Petition filed under Article 226 r/w Section 114 & Order 47 of CPC, praying to review the order dated 04.03.2025 made in W.P.No.7418 of 2025 on the file of this Court by allowing this Review Petition.

PRAYER in WP.No.7418 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, directing the respondents to assist the Advocate commissioner appointed by an order dated 07.11.2024 and to consider the representations made on 19.11.2024 before the respondents. For Petitioner(s):

Mr.R.Prabakar For Respondent(s):

Mr.R.Sankarnarayan Senior Counsel for Mr.Ravigopal - R1 Mr.R.Ganesh Kumar Government Advocate (Crl. Side_ - R2 & R3

ORDER

This Review Application has been filed to review the order passed by this Court in W.P.No.7418 of 2025 dated 04.03.2025. 2.The 1st respondent filed the Writ Petition in W.P.No.7418 of 2025 for a direction, directing the respondents 2 and 3 herein to provide adequate police protection to the Advocate Commissioner to take physical possession of the property which was sold in favour of the 3rd party under the SARFAESI proceedings in the public auction. This Court, vide order dated 04.03.2025, directed the 2nd respondent to provide adequate police protection to the Advocate Commissioner appointed by the learned Chief Judicial Magistrate, Coimbatore vide order dated 07.11.2024, to take physical possession of the property which was sold out in the public auction within a period of two weeks from the date of receipt of the order.

However, the said order was not able to comply with, due to election which was held in the month of April, 2026. Therefore, the 1st respondent filed a contempt petition and it is also pending in Contempt Petition No.636 of 2026, before this Court. 3.

property measuring an extent of 840 sq. ft. in Block No.12, Town Survey No.618/1-part Pollachi Town. The petitioner purchased the said property by registered sale deed dated 09.12.2005 registered vide No.5393/2005. The learned counsel further submits that there is an identity issue and as such the Advocate Commissioner instead of taking possession of the property comprised in S.F.No.91-A, is are now taking action to take possession of the petitioner's property. He also submitted that the petitioner filed a Suit for declaration and injunction in O.S.No.101 of 2025, on the file of the Principal District Munsif Court, Pollachi and it is pending for adjudication without any interim order. 4.Mr.R.Sankarnarayan, the learned Senior Counsel submits that if at all there is any identity issue of the subject property, the Advocate Commissioner may be assisted by the surveyor to identify the said property and to take the possession of the subject property.

5.Admittedly, the property which was sold out in the public auction under the SARFAESI proceedings and comprised in S.F.No.91-A, to an extent of 1.16 acres, Pollachi, is a commercial land and building owned by one Abdul Khader and others. Therefore, there is an identify issue in respect of the subject property. Hence, the Tahsildhar, Pollachi, is hereby directed to engage a town surveyor to assist the Advocate Commissioner while taking possession of the property which was sold out in the public auction for identifying purpose. It is

made clear that as per the revenue records, the surveyor is directed to identify the property which was sold out in the public auction and assist the Advocate Commissioner to take possession of the said property. 6.With the above direction, with Review Application stands disposed of. 10-06-2026 Index: Yes/No Speaking/Non-speaking order kas To.

1.Inspector of Police, Pollachi Town East Police Station, Pollachi.

2.The Deputy Superintendent of Police, Polllachi.

G.K.ILANTHIRAIYAN, J.

kas IN WP No.7418 of 2025 10-06-2026