M/S.Tata Capital Housing Finance Ltd v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 25.08.2025 Coram:

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR W.P.(Crl.)No.659 of 2025 M/s Tata Capital Housing Finance Limited rep. By its Authorized Officer, Mr.Shanmugasundaram, 5th Floor, 6A, Dr.Ambedkar Road, Kodambakkam, Chennai - 600 024

...Petitioner

Vs.

1. The Inspector of Police T-13 Kundrathur police Station, Kanchipuram District Kanchipuram

2. Moses Prakash

3. Ananthy

...Respondents

Prayer:

Writ Petition filed under Article 226 Constitution of India for issuance of a Writ of Mandamus directing the first respondent to grant police protection to the petitioner pursuant to the order passed in C.M.P.No.8516 of 2022 dated 11.10.2022 passed by the learned Chief Judicial Magistrate, Chengalpet in respect of taking possession of the secured asset being at Plot No.15, with a building measuring 1560 sq.ft., Sri Arunachaleshwara Nagar in Old Survey No.315/2, New Survey No.315/10, kundrathur Village, Sriperumbudur Taluk, Kanchipuram District For Petitioner : Mr.R.Sreedhar Page 1 / 4

For Respondents : Mr.R.Vinothraja for R1 Government Advocate (Crl.Side)

O R D E R

The present Petition has been filed for issuance of a Writ of Mandamus directing the first respondent to grant police protection to the petitioner pursuant to the order passed in C.M.P.No.8516 of 2022 dated 11.10.2022 passed by the learned Chief Judicial Magistrate, Chengalpet.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the 1st respondent and perused the documents placed on record.

3. It is the grievance of the petitioner that the petitioner, infact, bank, based on the orders passed under Section 14 of the SARFAESI Act, took possession of the security assets and put the lock, however, the borrowers, thereafter, again put the lock, hence the petitioner seeks for police protection.

4. In such view of the matter, once the court below had ordered directing the petitioner to take the possession of the secured assets of the respondents 2 and 3, the police has to necessarily give protection and ensure that the order of the court is properly complied with. Accordingly, the 1st respondent is directed Page 2 / 4

to provide necessary police protection to the petitioner. In the result, the present petition stands disposed of. No costs. 25.08.2025 Index : Yes / No Internet : Yes / No Speaking Order / Non Speaking Order ssd To

1. The Chief Judicial Magistrate, Chengalpet

2. The Inspector of Police T-13 Kundrathur police Station, Kanchipuram District Kanchipuram N.SATHISH KUMAR , J.

Page 3 / 4

ssd W.P.(Crl.)No.659 of 2025 25.08.2025 Page 4 / 4