M/S.Protium Finance Ltd v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2025
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN M/s.Protium Finance Ltd., Rep. by its Authorised officer, Mr.M.Shiva Sudhaakar No.79/1A, 1st Floor, Sri Shanmugam Road, R.S.Puram, Coimbatore-641 002.
... Petitioner Vs 1 The State Rep. by The Inspector of Police, Thudialur Police Station, Coimbatore.
2 The Deputy Commissioner of Police, 45/14, Coimbatore Corporation Official Residences, 45/14 E Venkatasamy Road, R.S.Puram, Coimbatore, Tamilnadu-641 002.
3 The Commissioner of Police, Coimbatore City, Huzur Road, Uppilipalayam Coimbatore-641 018.
4 M/s.Six Sigma Establishment Private Ltd., Rep. by the Director M.C.Srinivasan, Regd.office Address: A 52 Phase II
PARSN PALM LEGENDS Opp.st.Joseph School, Ondipudur, Coimbatore, Tamil Nadu, Chennai- 641 016.
5 M/s.Six Sigma Establishment Private Ltd., Rep. by Director M.C.Srinivasan F.No.301/B Vivekanandha Road, Udayampalayam, Nanjekavundanpudur, Coimbatore-641029.
6 M/s.Si Sigma Ready Mix Concrete Private Ltd., Rep. by Director M.C.Srinivasan Reg.office Address: A52 phase II PARSN PALM LEGENDS Opp.st.Joseph School, Ondipudur, Coimbatore - 641 016.
7 Padmanaban Ponnusamy S.F.No.579 2A1A, L and T Bye Pass Road, Malumichampatti Village, Coimbatore-641 021.
8 M.C.Srinivasan (Diretor of M/s.Six Sigma Readymix Concrete Private Ltd) 52 Phase 2, PARSN PALM LEGENDS Opp. to st.Joseph School, Ondipudur, Coimbatore -641 016.
9 P.N.Rajkumar (Director of M/s.Six Sigma Readymix Concrete Private Ltd., Address at:
67/70 Murrari Varadhiyer Street, Salem-636001. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1, 2 and 3 to render necessary police assistance to take possession of the mortgaged property schedule here under U/s.13(4) of SARFAESI Act 2002. For Petitioner : Mr.V.Balasubramani For Respondents For R1 to R3 : Mr.S.Sugendran Additional Public Prosecutor For R5 & R7 : Not ready in notice For R4, R6, R8 and R9 : No appearance
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents 1, 2 and 3 to render necessary police assistance to take possession of the mortgaged property schedule here under U/s.13(4) of SARFAESI Act 2002.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the official respondents and perused the materials available on record.
3. Despite service of notice and the private respondents name also being printed in the cause list, today when the matter is taken up for hearing, none appeared on behalf of the private respondents.
4. In view of the submissions made by the learned counsel on either side and also considering that the present Writ Petition is filed seeking simple writ of mandamus, this Court directs the Official respondents to consider the petitioner's representation dated 18.07.2024 and pass orders on merits and in accordance with law.
5. With the abovesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.
23.01.2025 mfa Index:Yes/No Speaking Order: Yes/No
To
1. The Inspector of Police, Thudialur Police Station, Coimbatore.
2 The Deputy Commissioner of Police, 45/14, Coimbatore Corporation Official Residences, 45/14 E Venkatasamy Road, R.S.Puram, Coimbatore, Tamilnadu-641 002.
3 The Commissioner of Police, Coimbatore City, Huzur Road, Uppilipalayam Coimbatore-641 018.
4. The Public Prosecutor, High Court, Chennai.
P.VELMURUGAN, J.
mfa 23.01.2025