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Madras High CourtWP(MD)/2441/2023closed

Kamaraj. C v. The General Manager

2025-02-12Honourable The Chief Justice,Honourable Mr Justice V. Lakshminarayanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 12/02/2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE V.LAKSHMINARAYANAN W.P.(MD). No.2441 of 2023 C.Kamaraj ...

Petitioner -vs1 The General Manager, Canara Bank, 197, Pandian House, Melaperumal Maistry Street, Madurai 625001.

2 The Branch Manager, Canara Bank, SME Vasantha Nagar Branch, Madurai 625 003.

3 The Assistant Commissioner of Police, O/o. the S.S.Colony Assistant Commissioner of Police, S.S.Colony, Madurai City.

4 G.Sadasivam ...

Respondents 1/5

PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 1 and 2 to remove the five machineries from the premises situated in Resurvey No.346/4 with the total extent of 5-1/2 cents in Madakulam Village vide Patta No.2710 along with building, with the help of the Police officials of S.S. Colony Police Station, based on the petitioner's representation, dated 26.12.2022. For Petitioner : Mr.B.Sukumar For Respondents 1 & 2 : No appearance For Respondents 3 : Mr.Albert James, Govt. Advocate.

ORDER

(Order of the Court was made by the Hon'ble The Chief Justice) Counsel for petitioner states that the order, dated 20th December,2024, has been complied with and respondent No.4 has removed all five machineries. Counsel further states that on 01st January,2025, son of respondent No.4 trespassed into the property and created law and order situation. He further states, his complaint to the police was not entertained, but, subsequently, when a complaint was made to the Commissioner of Police on 03rd January,2025, the alleged 2/5

trespasser vacated the premises. Counsel says, as on date, petitioner is in peaceful possession of the property.

2. Counsel for respondent No.3 - Assistant Commissioner of Police states that respondent No.3 is there to assist the public and, if at all petitioner faces any problem from respondent No.4 or his family members or anyone claiming through him, petitioner is welcome to approach respondent No.3 and respondent No.3 will take all steps in accordance with law and that also very promptly.

3. Statement is accepted and Writ Petition is closed. No costs.

(K.R.SHRIRAM, C.J.) (V.LAKSHMINARAYANAN, J.) 12.02.2025 NCC : Yes/No Index : Yes/No dixit 3/5

To 1 The General Manager, Canara Bank, 197, Pandian House, Melaperumal Maistry Street, Madurai 625001.

2 The Branch Manager, Canara Bank, SME Vasantha Nagar Branch, Madurai 625 003.

3 The Assistant Commissioner of Police, O/o. the S.S.Colony Assistant Commissioner of Police, S.S.Colony, Madurai City.

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THE HON'BLE CHIEF JUSTICE AND V.LAKSHMINARAYANAN, J.

dixit WP(MD) No.2441 of 2023 Date : 12/02/2025 5/5