The Coimbatore Co.Op Primary Agriculture And v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR The Coimbatore Co-op. Primary Agriculture and Rural Development Bank Ltd., No.K-525 Rep. by its Secretary M.Lalithamani No.70, 11th Street Tatabad, Coimbatore District ... Petitioner Vs.

1. The Superintendent of Police Coimbatore District Coimbatore

2. The Inspector of Police District Crime Branch (DCB) Coimbatore District Coimbatore

3. P.Maragatham ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action against the 3rd respondent by conducting enquiry based on the petitioner's representation dated 15.07.2025. 1/4

For Petitioner : Mr.S.P.Vijay Nivas For Respondents 1 and 2 : Mr.R.Vinothraja Government Advocate (Crl. Side)

O R D E R

As no adverse order is being passed against the 3rd respondent, notice to the 3rd respondent is dispensed with and this Writ Petition is taken up for disposal at the admission stage itself.

2. The petitioner seeks direction to the respondents 1 and 2 to take appropriate action against the 3rd respondent by conducting enquiry based on their representation dated 15.07.2025.

3. The grievance of the petitioner is that the 3rd respondent availed loan from the petitioner/The Coimbatore Co-op. Primary Agriculture and Rural Development Bank Ltd, by suppressing the earlier mortgage. In this regard, a complaint has been lodged to the respondents 1 and 2. However, no action has been taken so far.

4. At the outset, this Court is of the view that the petitioner being the Bank, ought to have been vigilant in verifying the title before sanctioning the loan and without doing so, as a matter of right, they cannot seek enquiry by the police.

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5. Therefore, this Writ Petition (Criminal) is dismissed. 02.09.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order To

1. The Superintendent of Police Coimbatore District Coimbatore

2. The Inspector of Police District Crime Branch (DCB) Coimbatore District Coimbatore

3. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

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