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Madras High CourtWP(MD)/4232/2024dismissed

Shijok T v. The Superintendent Of Police

2024-02-23Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP T.Shijok ... Petitioner Vs.

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

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

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, directing the second respondent police to grant adequate police protection to the petitioner and his family members' life and limb on the basis of the petitioner's representation dated 18.01.2024.

For Petitioner : Mr.M.Natarajan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor Page No. 1 of 4

O R D E R

The learned Counsel for the Petitioner would submit that the Petitioner had filed this Writ Petition seeking Writ of Mandamus against the Respondents to grant police protection to him and his family members.

2. The learned Additional Public Prosecutor, on instructions of the Respondents, would submit that the Petitioner had given a complaint against certain individuals mentioning their names and an enquiry was conducted by the Respondent 2 after registering C.S.R.No.58/2024. He produced a copy of the case particulars filed by the Respondent 2.

3. It is found that the names mentioned by the Petitioner in the complaint are "Selva Kumar, Packia Raj, Nandhini, Rathinaswamy Sivagnanam" who are the officers of the Indian Bank, Market Road, Marthandam. Further, it is found that they had obtained appropriate orders from the Chief Judicial Magistrate Court, Nagercoil in Crl.M.P.No.9734 of 2023, Crl.M.P.No.10506 of 2023, Crl.M.P.No.9738 of 2023 and Crl.M.P.No.10503 of 2023 under the SARFAESI Act, 2002. Therefore, the possession is to be handed over to the Bank. When the Bank Officers went to take over the possession, the Petitioner had filed this Petition. Page No. 2 of 4

4. In the above circumstances, this Writ Petition is dismissed. No cost.

23.02.2024 Index: Yes/ No Speaking Order / Non-Speaking Order JEN To :

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

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

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Page No. 3 of 4

SATHI KUMAR SUKUMARA KURUP , J.

JEN 23.02.2024 Page No. 4 of 4