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Madras High CourtWP/29922/2023disposed of

M/S.Can Fin Homes Ltd v. The District Collector

2023-10-16Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Can Fin Homes Ltd.

Rep. by its Authorised Officer, Shiva VR Having its Branch Office at No.1, Johnsonpet Road Hasthampatty, Salem - 7.

..

Petitioner Vs.

1. The District Collector The Office of the District Collector Fort Main Road, Salem - 636 001.

2. The Commissioner of Police The Office of the Commissioner of Police Sankari Main Road, Linemedu Gudai, Salem - 636 006.

3. The Tahsildar Salem South Taluk Office Maniyanoor, Salem.

4. The Inspector of Police B6 - Kondalampatti Police Station Sandaipet, Salem - 636 010.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the Chief Judicial Magistrate, Salem to execute the order dated 09.05.2023 made in Cr.M.P.No.245 of 2020 and handover the physical possession of the Mortgaged Properties to the petitioner Company with the assistance of the 3rd and 4th respondents herein.

For the Petitioner : Mr.S.I.Muthiah For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.I.Muthiah, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents.

2. Learned State Government Pleader submits that if the order under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is not stayed by any other Courts, then the Police Authorities would extend Police protection to the Advocate Commissioner.

3. In view of the said submission, the writ petition stands disposed of. There will be no order as to costs. (S.V.G., CJ.) (D.B.C., J.) 16.10.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector The Office of the District Collector Fort Main Road, Salem - 636 001.

2. The Commissioner of Police The Office of the Commissioner of Police Sankari Main Road, Linemedu Gudai, Salem - 636 006.

3. The Tahsildar Salem South Taluk Office Maniyanoor, Salem.

4. The Inspector of Police B6 - Kondalampatti Police Station Sandaipet, Salem - 636 010.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 16.10.2023