M/S.Sridevi Health And v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.Nos.21821 & 21822 of 2016 M/s.Sridevi Health and Educational Charitable Trust Rep.by its authorised Signatory Sri.V.Gunasekaran ... Petitioner in both Crl. O.Ps.

Vs.

1.The Commissioner of Police, Veppery, Chennai - 9.

... R1 in both Crl O.Ps 2.The Inspector of Police V-5, Thirumangalam Police Station, ... R2 in Crl O.P.21821/16 2.The Inspector of Police K-11, *CMBT Police Station, Chennai. ... R2 in Crl O.P.21822/16 Prayer in Crl.O.P. Nos.21821 of 2016:- Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the 1st and 2nd respondent to provide protection to the petitioners hospital property situated at Plot No.1620-A, at Anna Nagar, Survey No.222, part of Koyambedu village (now Thirumangalam Village) and measuring 2 grounds and 538 square feet.

Prayer in Crl.O.P. Nos.21822 of 2016:- Criminal Original Petition filed under Section 482 Cr.P.C., pleased to direct the 1st and 2nd respondent to provide protection to the petitioners hospital property situated at Door No.30, comprised in Old Sy.No.134/7, 133/1, New Sy.134/2 and 3, Chennai Koyambedu, Kurungaleeswarar Koil Street, measuring 7200 square feet.

For petitioner : Mr.R.Chandrasudan (in both Crl.O.Ps.) For Respondents : Mr.Ramesh Babu, Govt.Advocate (Crl.Side) (in both Crl.O.Ps.) For Bank : Mr.A.Ramaswamy (in both Crl.O.Ps.)

C O M M O N O R D E R These petitions have been filed to direct the 1st and 2nd respondents to provide protection to the petitioner's hospital property situated at Plot No.1620-A, at Anna Nagar, Survey No.222, part of Koyambedy village (now Thirumangalam Village); and at Door No.30, comprised in Old Sy.No.134/7, 133/1, New Sy.134/2 and 3, Chennai Koyambedu, Kurungaleeswarar Koil Street, measuring 7200 square feet.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

3. When the matter was taken up for hearing, learned Government Advocate (Crl. Side) submitted that, proceedings under section 14 of the SARFAESI Act was initiated for attachment of the hospital properties, pursuant to which an application appears to have been moved before the Chief Metropolitan Magistrate, Egmore, Chennai, who has appointed one *Ms.M.Sornalakshmi, Advocate Commissioner to take physical possession of the assets of the petitioner.

4. Mr.A. Ramaswamy learned counsel appearing for the bank placed all these facts before the Court.

5. Under such circumstances no order of police protection can be granted as prayed for. Accordingly, these petitions are dismissed. However, the respondent police is directed to give sufficient protection to *Ms.M.Sornalakshmi, Advocate Commissioner, to perform her legal duties in accordance with the order passed by the Chief Metropolitan Magistrate, Egmore, dpq s/d- Assistant Registrar Dt.18.10.16 *Corrected as per the order dt.2.11.16 and made herein sd/- Assistant Registrar Dt.8.11.16 /True Copy/ Sub-Assistant Registrar

To 1.The Commissioner of Police, Veppery, *To be substituted to Chennai - 9.

the order already despatched on 1.11.16 2.The Inspector of Police and made in Crl.OP.Nos.

K-11, CMBT Police Station, 21821 & 21822/16 3.The Inspector of Police V-5, Thirumangalam Police Station, 4.The Public Prosecutor, High Court, Chennai.

+ 2 ccss to Mr.A.Ramaswamy, Advocate Sr 55103 + 1 cc to Mr.R.Chandrasudan, Advocate Sr 55204 KR/22/10/16 krd 8/11 Crl.O.P.Nos.21821 & 21822 of 2016