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Madras High CourtWP/25238/2022disposed of

M/S.Shriram Housing Finance Limited v. The Commissioner Of Police

2022-09-20Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2022

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 25238 of 2022 M/s.Shriram Housing Finance Limited, "Meenakshi Towers" New No.13/Old No.6, Rajamannar Street, Ground Floor, T.Nagar, Chennai-600 017.

Represented through its Authorized Officer, Mr.Selvin Singh ...

Petitioner Vs

1. The Commissioner of Police, Office of Police Commissioner, Tambaram.

2. The Inspector of Police, H-2, Guduvanchery Police Station,

3. Indirani Mahadevan

4. M.A.Mahadevan ...

Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st and 2nd respondent police to restore the possession of property to the petitioner and to take appropriate criminal action against 3rd and 4th respondents. 1/4

For Petitioner : Mr.V.Balasubramani For R1 & R2 : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, to direct the 1st and 2nd respondent police to restore the possession of property to the petitioner and to take appropriate criminal action against 3rd and 4th respondents.

2. Heard, Mr.V.Balasubramani, learned counsel appearing for the petitioner and Mr.S.Santhosh, learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2.

3. It is seen that the petitioner had taken possession of the subject property under SURFAESI Act from the respondents 3 and 4 herein. However, again the respondents 3 and 4 to protect upon the subject property and put on possession to third parties. Therefore, the petitioner lodged a complaint and it is pending on the file of the second respondent. 2/4

4. Considering the facts and circumstances of the case, the second respondent is directed to conduct enquiry and take appropriate action on the complaint lodged by the petitioner, after issuance of notice to the petitioner and the respondents 3 and 4 herein and give them an opportunity of hearing, within a period of two weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

20.09.2022 Index:Yes/No Internet:Yes/No Lpp To

1. The Commissioner of Police, Office of Police Commissioner, Tambaram.

2. The Inspector of Police, H-2, Guduvanchery Police Station.

3. The Public Prosecutor, High Court, Madras.

3/4

G.K.ILANTHIRAIYAN,J.

Lpp W.P.No. 25238 of 2022 20.09.2022 4/4