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Madras High CourtWP Crl./1559/2025disposed of

M/S. Asset Reconstruction Company (India) Ltd., v. The Commissioner Of Police Tambaram,

2025-12-04Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA M/s.Asset Reconstruction Company (India) Ltd., ARCIL Retail Loan Portfilio 045-A Trust Registered office, The Ruby, 10th floor, 29 Senapati Bapat Marg, Dadar (W) Mumbai- 400 028.

Branch Office at 1G, 1t Floor, Century Plaza, No.560-562, Anna Salai, Teynampet, Chennai-600 018.

Rep. by its Authorized Officer Mr.J.Vijayaraj. Petitioner Vs

1. The Commissioner of Police Tambaram, No.28, Muthurangam Street, West Tambaram, Chennai-600 045.

2.The State rep. by, The Inspector of Police, J-11, Kanathur Police Station, East Coast Road, Kanathur Reddy Kuppam, Chennai-603 112.

3.The Village Administrative Officer at Reddikuppam village, Chengalpattu District.

4.Prabhu.M 5.Kasammal.M Respondents PRAYER Writ Petition (Criminal) filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1,2 and 3 to take appropriate legal action against the respondents 4 and 5 for their illegal

occupation and the respondents 4 and 5 to restore possession of the property to the petitioner as per the order passed by the Chief Judicial Magistrate, Chengalpattu in Crl.M.P.No.3438 of 2024 dated 23.09.2024 and imposing heavy cost on the respondents 4 and 5 for their disobedience / violation of the order passed by the Chief Judicial Magistrate, Chengalpattu. For Petitioner:

Mr.V. Balasubramani For Respondents:

Mr.K.M.D.Muhilan, Additional Public Prosecutor for R1 and R2

ORDER

This writ petition (Criminal) has been filed seeking a direction to the respondents 1,2 and 3 to take appropriate legal action against the respondents 4 and 5 for their illegal occupation and to restore possession of the property to the petitioner as per the order passed by the Chief Judicial Magistrate, Chengalpattu in Crl.M.P.No.3438 of 2024 dated 23.09.2024 and imposing heavy costs on the respondents 4 and 5 for their disobedience/violation of the order passed by the Chief Judicial Magistrate, Chengalpattu.

2. When the matter was taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that the petitioner has obtained orders from the Chief Judicial Magistrate, Chengalpattu, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the respondents police are bound to give effect to that order. The petitioner has sent a representation to the first respondent and the same has been forwarded to the second respondent vide

Current Paper No.1399 of 2025 on 06.11.2025. However, the petitioner has not approached the second respondent after sending the said representation. If the petitioner approaches the second respondent, the order of the learned Chief Judicial Magistrate, Chengalpattu would be implemented.

3. Recording the submission of the learned Additional Public Prosecutor, the writ petition stands disposed of. No costs. 04-12-2025 vum Index:Yes/No Speaking/Non-speaking order To 1.The Commissioner of Police Tambaram, No.28, Muthurangam street, West Tambaram, Chennai-600 045.

2.The Inspector of Police, J-11, Kanathur Police station, East Coast road, Kanathur reddy Kuppam, Chennai-603 112.

3.The Village Administrative Officer at Reddikuppam village, Chengalpattu District.

4. The Public Prosecutor, Madras High Court, Chennai.

A.D.JAGADISH CHANDIRA J.

vum 04-12-2025