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Madras High CourtWP/7340/2017dismissed as infructuous

A.Thangaraj v. The Superintendent Of Police

2019-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.7340 of 2017 and W.M.P.No.8006 of 2017 A.Thangaraj ... Petitioner Vs.

1. The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, Sriperambudur Police Station, Kancheepuram District.

3. Mahindra and Mahindra Financial Services Ltd, No.3A, Bhaviyam Nagar, Opp to Naidu Hall, Porur, Chennai.

... Respondents PRAYER:

Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the second respondent to secure the petitioner's vehicle bearing TN 21 AU 9163 from the custody of 3rd respondent based on the petitioner's representation dated 07.03.2017. For Petitioner :

Mr.A.P.Sathyamurthy For Respondents For R1 & R2 :

Mr.M.Mohamed Riyaz Additional Public Prosecutor.

For R3 :

Mr.A.Prabakaran

O R D E R

The writ petition has been filed to direct the second respondent to secure the petitioner's vehicle bearing TN 21 AU 9163 from the custody of the third respondent based on the petitioner's representation dated 07.03.2017. https://hcservices.ecourts.gov.in/hcservices/

2.

It is seen that the petitioner purchased the said vehicle under the hypothecation of the third respondent and some amount of due is pending. Hence the third respondent has taken custody of the vehicle from the petitioner. The grievance of the petitioner is that without notice, the third respondent has seized the vehicle. Considering the facts and circumstances of the case, the prayer sought for by the petitioner cannot be granted and this Court is not inclined to entertain this petition.

3.

Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar jas/rts To

1. The Superintendent of Police, Kancheepuram District, Kancheepuram.

2. The Inspector of Police, Sriperambudur Police Station, Kancheepuram District.

3. The Public Prosecutor High Court, Madras.

+1 cc to Mr.A.Prabakaran, Advocate, S.R.No.22287 +1 cc to Mr.A.P.Sathyamurthy, Advocate, S.R.No.22367 W.P.No.7340 of 2017 and W.M.P.No.8006 of 2017 RR(CO) SSM(08/05/2019).

https://hcservices.ecourts.gov.in/hcservices/