The Branch Manager v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR The Branch Manager City Union Bank, Rep by its Mr. Karuppaiya, Puraisawalkam Branch, No.42, Dr. Alagappa Road, opp to Vellalar Street, Purasawalkam, Chennai 600084. ...Petitioner

Versus

1. The Deputy Superintendent of Police Economic Offences Wing-II, Head Quarters, PTC Campus, Ashok Nagar, Chennai 600083.

2. The Inspector of Police G3 Police Station, Kilpauk, Chennai 600010.

3. The Inspector of Police Economic Offence Wing, Head Quarters, PTC Campus, Ashok Nagar,Chennai 600083.

... Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India 1/4

for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 16.07.2025 by providing adequate police assistance to take physical possession of the property at Old Door No.38, the Door No.47, presently Door No.49, Vellala Street (formerly Vinai Theertha Mudali Street), Purasawalkam, Chennai 600084 as per order dated 18.09.2024 in Crl.M.P.No.41822 of 2024 passed by the learned Chief Metropolitan Magistrate, Egmore.

For Petitioner : Mr.C.Umashankar For Respondents : Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The present Writ Petition has been filed to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 16.07.2025 by providing adequate police assistance to take physical possession of the subject property as per order dated 18.09.2024 in Crl.M.P.No.41822 of 2024.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents and perused the documents placed on record.

3.The grievance of the petitioner is that despite order passed by the 2/4

learned Chief Judicial Magistrate, Egmore under Section 14 of the SARFAESI Act for taking physical possession of the suit property, the police is not providing any security, though several repesentations have been made, therefore, seeks a direction.

4. The learned Government advocate (Crl.Side) appearing for the respondents, on instructions, submits that the Advocate Commissioner appointed as per the order passed by the learned Chief Judicial Magistrate, Egmore, shall fix a date to take possession and on such request from the said Advocate Commissioner, police will provide necessary protection.

5. In such view of the matter, the learned Advocate Commissioner appointed by the leaned learned Chief Judicial Magistrate, Egmore, shall fix a date for taking possession and also seek police protection and on that date, the respondents shall provide police protection. With the above direction, the Writ petition is disposed of. No costs. 29.08.2025 N. SATHISH KUMAR , J .

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To

1. The Deputy Superintendent of Police Economic Offences Wing-II, Head Quarters, PTC Campus, Ashok Nagar, Chennai 600083.

2. The Inspector of Police G3 Police Station, Kilpauk, Chennai 600010.

3. The Inspector of Police Economic Offence Wing, Head Quarters, PTC Campus, Ashok Nagar,Chennai 600083 29.08.2025 4/4