M/S.Hinduja Leyland Finance Limited, v. The Assistant Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR M/s.Hinduja Leyland Finance Limited Having its Corp.Office at:
27A, Developed Industrial Estate, Guindy, Chennai - 600032.
Rep. By its Authorised Officer M.Praveen Kumar ......Petitioner Vs 1.The Assistant Commissioner of Police, Kilpauk Division, G-7, Chetpet Police Station, KK Koil 1 st Street, Off.Mc.Nichols Road, Chennai, Tamil Nadu 600 031.
2. The Inspector of Police, G-7, Chetpet Police Station, KK Koil 1 st Street, Chennai, Tamil Nadu, 600031.
Respondent(s) 1/5
PRAYER Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the 1 st and 2 nd respondents to provide adequate police protection and assistance to the Advocate Commissioner and the petitioner to take physical possession of the secured assets as ordered by the learned Chief Metropolitan Magistrate, Egmore, Chennai by order dated 18.09.2024 in Crl.M.P.No.42965 of 2024.
For Petitioner :
Mr.B.Divakaran For Respondents:
Mr.R.Vinothraja for R1 and R2 Government Advocate (Crl.Side)
ORDER
This petition has been filed to direct the 1 st and 2 nd respondents to provide adequate police protection and assistance to the Advocate Commissioner and the petitioner to take physical possession of the secured assets as ordered by the learned Chief Metropolitan Magistrate, Egmore, Chennai by order dated 18.09.2024 in Crl.M.P.No.42965 of 2024.
2. It is seen from records that the petitioner has already filed a petition in Crl.M.P.No.42965 of 2024 before the Chief Metropolitan Magistrate, Egmore, Chennai to take possession of the secure assets, morefully described in the schedule. The Court below has appointed an Advocate Commissioner to take 2/5
possession of the schedule mentioned property and execute the warrant within a period of 60 days from the date of receipt of warrant.
3. The learned counsel for the petitioner would submit that in spite of the order dated 18.09.2024, the learned Advocate Commissioner is unable to execute the Warrant due to non-cooperation of the respondent Police. Therefore, the present petition has been filed seeking for police protection.
4. Learned Government Advocate (Crl.Side) appearing for the respondents submitted that they are ready to provide Police protection to the petitioner and the learned Advocate Commissioner. He further submitted that the learned Advocate Commissioner has to inform the date of visit to take physical possession of the secured assets.
5. In such view of the matter, this Court directs the learned Advocate Commissioner to inform the date of visit to take physical possession of the secured assets to the respondents and the respondents are directed to provide 3/5
adequate police protection to the petitioner and the learned Advocate Commissioner to take physical possession of the schedule property.
6. With the above direction, this petition is disposed of. 12-08-2025 msv Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Assistant Commissioner of Police, Kilpauk Division, G-7, Chetpet Police Station, KK Koil 1 st Street, Off.Mc.Nichols Road, Chennai, Tamil Nadu 600 031.
2. The Inspector of Police, G-7, Chetpet Police Station, KK Koil 1 st Street, Chennai, Tamil Nadu, 600031.
4/5
N. SATHISH KUMAR,J.
msv 12-08-2025 5/5