M/S.Tata Capital Housing Finance Ltd., v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN W.P.Crl.No.27 of 2025 M/s.TATA Capital Housing Finance Ltd, Rep.by its Authorised Officer, Mr.Shanmugasundaram, S/o, Nagarathinam Centennial Square, 5th Floor, 6A, Dr.Ambedkar Road, Kodambakkam, Chennai - 24.

... Petitioner Vs.

1. The Inspector of Police, T-13, Kundrathur Police Station, Kanchipuram District, Kanchipuram.

2. Moses Prakash

3. D.Ananthy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the first respondent to give police protection to the officials of the petitioner company while entering

into the secured asset being plot No.15, with a building measuring 1560 sq.ft, Sri Arunachaleshwara Nagar, in Old Survey No.315/2, New Survey No.315/10, Kundrathur village, Sriperumbudur Taluk, Kanchipuram District.

For Petitioner : Mr.R/Sreedhar For R1 : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus to direct the first respondent to give police protection to the officials of the petitioner company while entering into the secured asset being plot No.15, with a building measuring 1560 sq.ft, Sri Arunachaleshwara Nagar, in Old Survey No.315/2, New Survey No.315/10, Kundrathur village, Sriperumbudur Taluk, Kanchipuram District.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent- Police and perused the materials available on record.

3. On a perusal of the records, it is seen the dispute between the parties is civil in nature. The Writ Court cannot conduct a roving enquiry and find out the correctness of the right and interest over the property. Further, police protection cannot be extended to the individuals in their property disputes. This Court is not inclined to grant the relief as sought for by the petitioner in this writ petition. However, the petitioner is at liberty to work out his remedy in the manner known to law before the competent civil Court.

4. In view of the above, this Writ Petition is dismissed. No costs. 12.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Inspector of Police, T-13, Kundrathur Police Station, Kanchipuram District, Kanchipuram.

2. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa W.P.Crl.No.27 of 2025 12.06.2025