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Madras High CourtWP/23173/2024disposed of

K.Navaneethan v. The Tahsildar

2024-08-12Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.08.2024

CORAM

THE HON'BLE DR. JUSTICE G.JAYACHANDRAN W.P.No. 23173 of 2024 K.Navaneethan ... Petitioner ..Vs..

1.

The Tahsildar 2.

The State rep. by its The Inspector of Police Thirumuruganpoondi Police Station 3.

The Chief Manager/Authorized Officer Bank of India Avinashi Branch No.3/45, Ward No.3, Srinivasapuram Coimbatore Main Road 4.

Palaniammal ... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the second respondent to provide adequate police protection for taking physical possession of property comprising in S.No. 503, 505/1, 506 situated at

Site No.85 Rakkiyapalayam Village, Thirumurugan Poondi Town Panchayat, Avinashi, Tiruppur District and hand over the same to the petitioner within a time bound manner in view of order dated 26.04.2024 in Crl.M.P.No. 3400 of 2024 on the file of Honourable Chief Judicial Magistrate at Tiruppur.

*** For Petitioner :: Mr. K.Myilsamy For RR 1 & 2 :: Mr. K.M.D. Muhilan Government Advocate (Crl. Side)

ORDER

This Writ Petition has been filed by the auction purchaser for implementing the order of the Chief Judicial Magistrate, Tiruppur, to provide assistance of police for taking possession of the property.

2. Based on the direction of the Chief Judicial Magistrate, Tiruppur, vide order dated 26.04.2024, the petitioner has given a representation to the second respondent police seeking protection while taking peaceful possession of the property.

3. Mr. K.M.D. Muhilan, learned Government Advocate (Crl. Side) submits that if Advocate Commissioner appointed by the Court make an advance notice regarding the date of his visit to the property

for taking possession, necessary action will be taken based on the direction given by the Chief Judicial Magistrate, Tiruppur. 4.

Recording the same, this Writ Petition stands disposed of. No costs.

5.

The petitioner is directed to make request for police protection atleast seven days prior to the visit to the property for taking possession so as to enable the respondent police to arrange for protection.

12.08.2024 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order To 1.

The Tahsildar 2.

The State rep. by its The Inspector of Police Thirumuruganpoondi Police Station

G.JAYACHANDRAN, J., vsg 3.

The Chief Manager/Authorized Officer Bank of India Avinashi Branch No.3/45, Ward No.3, Srinivasapuram Coimbatore Main Road W.P.No. 23173 of 2024 12.08.2024