M/S.Tru Home Finance Limited v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.10.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN M/s.TRU HOME FINANCE LIMITED Represented by its Authorized Officer Mr.S.Singh Head office at Level 3, Wockhardt Towers, East Wing, C-2, G Block, Bandra Kurla Complex, Bandra (E), Mumbai -400051.

Branch office at No.5, Srinivas Tower, First Floor, Cenatoph Road, Teynampet, Chennai - 600018.

: Petitioner versus 1.The Superintendent of Police, Tiruvallur District, Chinna Ekkadu, Jaya Nagar, Tiruvallur-602001.

2.The Deputy Superintendent of Police, Uthukottai Division, Uthukottai Road, Uthukottai, Tiruvallur District- 602026 3.The Inspector of Police, C-5, Vengal Police Station Tiruvallur District 4.Suresh G 5.Kavitha S : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 3 to put the petitioner back in possession of the Secured Asset pursuant to the order passed by the Chief Judicial Magistrate, Tiruvallur dated 16.04.2025 in Crl.MP No. 664 of 2025, filed under section 14 of SARFAESI Act. For Petitioner :

Mr.S.Ram Prasad, for Mr.K.Mariappan For Respondents :

Mr.R.Muniyapparaj, Additional Public Prosecutor, for respondents 1 to 3

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) This petition has been filed by a financial institution, alleging that the borrower, who was dispossessed through due process of law, under an order passed by the Chief Judicial Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, has taken law in his own hands and had again broke open the lock and entered the premises.

2. If that be so, the petitioner's remedy does not lie before this Court. It is stated that a complaint has been lodged with the

police. The concerned police authority shall enquire into the matter and take appropriate measures, as required under the law. In case the petitioner is still aggrieved by the non-registration of offence, the petitioner may file a complaint before the jurisdictional Magistrate for taking cognizance.

3. The petition stands disposed of. There will be no order as to costs.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 30.10.2025 Index : Yes/No : Yes/No tar To 1.The Superintendent of Police, Tiruvallur District, Chinna Ekkadu, Jaya Nagar, Tiruvallur-602001.

2.The Deputy Superintendent of Police, Uthukottai Division, Uthukottai Road, Uthukottai, Tiruvallur District- 602026 3.Inspector of Police, C-5, Vengal Police Station

Tiruvallur District

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(tar) 30.10.2025