Madras High CourtWP Crl./986/2025disposed of

V.M.C.Gandhi v. The Superintendent Of Police

2025-10-07Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR V.M.C.Gandhi Petitioner(s) Vs

1. The Superintendent of Police Krishnagiri District, Krishnagiri.

2.The Inspector of Police Poochampalli Police Station, Krishnagiri.

3.Althaf Thasif Respondent(s) PRAYER To direct the 2nd respondent to give permission to open the lock of the petitioner shops situated in Survey No.34/2A2 Vadamalampatti Village, Pochampalli, Krishnagiri District based on the petitioner complaint dated 12.06.2025.

For Appellant(s):

Mr.T.Saravanan

For Respondent:

Mr.R.Vinothraja, Govt. Advocate (Crl. Side), for R1 & R2

ORDER

This petition has been filed to direct the 2nd respondent to give permission to open the lock of the petitioner shop situated in Survey No.34/2A2 Vadamalampatti Village, Pochampalli, Krishnagiri District.

2. According to the petitioner, he let out the premises to the third respondent and he was running a Finance Company. The third respondent had paid rent till 2023. When the matter stood thus, an FIR in Crime No.239 of 2023 came to be filed against the third respondent for alleged financial fraud. The third respondent was arrested on 10.01.2024 and later released. Thereafter, the bail was cancelled and now he is absconding. At the time of FIR, since the premises was under the possession of the third respondent, it was locked by the Police. Since the petitioner is the owner of the property and the third respondent is absconding, the petitioner seeks to unlock the premises.

3.The learned Government Advocate on instructions submitted that let the petitioner approach the respondent Police and after taking inventory, they will unlock the premises. The said statement is recorded.

4. The third respondent is a tenant of the petitioner and he is absconding. It is a matter between the third respondent and the petitioner. Hence, the respondent Police shall unlock the premises after taking inventory. Since the third respondent is not evicted by due process of law, if he returns and seeks for restitution of the said premises, the petitioner shall handover the the same. Thereafter, the petitioner can proceed for eviction of the third respondent by due process of law.

5. With the above directions, this petition is disposed of. No costs. 07-10-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Superintendent of Police Krishnagiri District, Krishnagiri.

2.The Inspector of Police Poochampalli Police Station, Krishnagiri.

N.SATHISH KUMAR J.

pvs 07-10-2025