M/S.Tru Home Finance Limited, v. The Deputy Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Tru Home Finance Limited, Earlier Known as (M/s.Shriram Housing Finance Limited), Represented by its Authorized Officer Mr.S.Singh, Head Office at Level 3, Wockhardt Towers, East Wing, C-2, G-Block, Bandra Kurla Complex, Bandra (E), Mumbai - 400 051.
Branch office at No.5, Srinivas Tower, First Floor, Cenatoph Road, Teynampet, Chennai - 600 018.
... Petitioner Vs 1.
The Deputy Commissioner of Police, Washermanpet, Chennai.
2.
The Assistant Commissioner of Police, Thiruvottriyur Range, Thiruvottriyur High Road, Chennai.
3.
The Inspector of Police, H-8, Thiruvottriyur Police Station, Thiruvottriyur.
4.
Dhaya.C 5.
Theresa ... Respondents Prayer: Writ Petition Criminal filed under Article 226 of Constitution of India 1/4
for the issuance of Writ of Mandamus, directing the first to third respondents to provide adequate Police Protection and assistance to the Advocate Commissioner Mr.Sundaravadivelu to take physical possession of the secured Asset as per order dated 11.11.2024 passed by learned Chief Judicial Magistrate, Thiruvallur in Crl.M.P.No.11824 of 2024. For Petitioner : Mr.S.K.Mariyappan For R1 to R3 : Dr.C.E.Pratap Government Advocate (Crl.Side)
ORDER
The prayer in the writ petition is to direct the first to third respondents to provide adequate Police Protection and assistance to the Advocate Commissioner Mr.Sundaravadivelu to take physical possession of the secured Asset as per order dated 11.11.2024 passed by learned Chief Judicial Magistrate, Thiruvallur in Crl.M.P.No.11824 of 2024.
2. Upon hearing the learned counsel appearing for the petitioner, the grievance appears to be that when an application under Section 14 of the SARFAESI Act was filed before the jurisdictional Court and a warrant had already been issued to the Advocate Commissioner, the police is not providing protection.
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3. When the matter came up for hearing, Dr.C.E.Pratap, the learned Government Advocate (Crl.Side) would submit that if the date is intimated, the police are ready to provide protection.
4. Let the Advocate Commissioner intimate the police regarding the date of taking of possession, preferably on 13.08.2025 or any such date thereafter fixed between the parties. Upon such request, let protection be provided to execute the order of the learned Chief Judicial Magistrate, Thiruvallur.
5. Accordingly, the Writ Petition Criminal stands ordered. 07.08.2025 nsl D.BHARATHA CHAKRAVARTHY, J.
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nsl To 1.
The Deputy Commissioner of Police, Washermanpet, Chennai.
2.
The Assistant Commissioner of Police, Thiruvottriyur Range, Thiruvottriyur High Road, Chennai.
3.
The Inspector of Police, H-8, Thiruvottriyur Police Station, Thiruvottriyur.
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