Sunil Devadass v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Sunil Devadass ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Deputy Superintendent of Police, Marthandam, Kanyakumari District.

3.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action by conducting an enquiry based on the petitioner's representation, dated 27.01.2025 and pass such further or other orders as this Court.

For Petitioner : Mr.T.Wins 1/5

For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The present petition has been filed for issuance of Writ of Mandamus directing the respondents 1 and 2 to take appropriate action by conducting an enquiry based on the petitioner's representation, dated 27.01.2025.

2. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned Counsel appearing for the petitioner would submit that the petitioner availed loan from TATA Capital Finance Service Limited for a sum of Rs.36,60,000/- on installment basis. He regularly paid the monthly installments of Rs.78,000/-. Thereafter, due to his illness, unable to make payments from 21.08.2024 to 21.10.2024. While so, the officials of the Finance Company forcibly trespassed into the house and took possession of the vehicle and caused criminal intimidation. Thereafter, immediately on 13.12.2024, the petitioner paid the oustanding amount of Rs.4,67,500/- to the Finance Company 2/5

and requested to hand over the seized vehicle. But they refused to return the vehicle and told that they would sell the vehicle to other persons. Thereafter, the petitioner lodged a detailed representation before the police on 27.01.2025 but the respondent police have not taken any steps. Hence, the petitioner filed the petition.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that they received the representation of the petitioner, dated 27.01.2025 and the said petition is under enquiry and they will complete the enquiry within a week.

5. In view of the above said submissions made by the learned Additional Public Prosecutor for the respondents that he would complete the enquiry within a week and recording the same, this writ petition is disposed of by directing the third respondent to complete the enquiry based on the representation of the petitioner, dated 27.01.2025 within a period of one (1) week from the date of this order.

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6. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs.

06.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Deputy Superintendent of Police, Marthandam, Kanyakumari District.

3.The Inspector of Police, Marthandam Police Station, Kanyakumari District.

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P.DHANABAL, J.

BTR 06.02.2025 5/5