P.Valliammal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.02.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and W.M.P.(MD)No.923 of 2020 P.Valliammal ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, 2.The Inspector of Police, (Crime) Pudhukottai Police Station, 3.The Authorized Officer, TVS Credit Services Limited, Thiru-vi-ka Industrial Estate, Gundy, Chennai-600 032.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the third respondent to return back the petitioner's Two Wheeler-Scooty Pep+ BSIVbearing Registration No.TN-69-BJ-0337-Ivory Golden Color-modified vehicle, belongs to her and directing the second respondent to take appropriate action on her complaint dated 12.11.2019 for illegal repossession of her vehicle by the third respondent and its agents, within a time frame as may be fixed by this Court. For Petitioner : Mr.M.Ponniah For R1 and R2 : Mrs. S.Bharathi Government Advocate(Crl.Side)

ORDER

This writ petition has been filed seeking for a direction to the third respondent to return back the petitioner's Two WheelerScooty Pep+ BSIV-bearing Registration No.TN-69-BJ-0337-Ivory Golden Color-modified vehicle, belongs to her and directing the second 1/3

respondent to take appropriate action on her complaint, dated 12.11.2019 for illegal repossession of her vehicle by the third respondent and its agents, within a time frame as may be fixed by this Court.

2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2.

3.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl. side) appearing for the respondents 1 and 2 would submit that the petitioner had given a complaint on 12.11.2019 against the employees of TVS Private Services Limited stating that the vehicle was illegally taken by them. Based on the complaint given by the petitioner, enquiry was conducted on 19.02.2019 by summoning the employees of the third respondent, during the enquiry, it has been transpired that the petitioner, who had received financial facility from the third respondent for purchase of the Two Wheeler, had paid only two installments and thereafter, the petitioner has not paid the balance amount. She would further submit that the employees of the third respondent after giving due notice to the petitioner, had repossessed the vehicle and that the proceedings at the time of repossess had been videographed by the employees of the third respondent and it was shown. During the enquiry, finding that no offence had been committed, the enquiry has been closed.

4.Recording the same, the writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Superintendent of Police, Office of the Superintendent of Police, 2/3

2.The Inspector of Police, (Crime) Pudhukottai Police Station, 20.02.2020 KM/(02.03.2020) 3P 3C 3/3