Indian Bank v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.4908 of 2024 and W.M.P.(MD)No.4723 of 2024 Indian Bank, Marthandam Branch, Representation by its Authorised Officer and Chief Manager Mr.Janardhanan, Indian Bank, Zonal Office, Tirunelveli.
... Petitioner -Vs1.The Superintendent of Police, Nagercoil, Kanyakumari District.
2.The Deputy Superintendent of Police, Marthandam, Kanyakumari District.
3.The Inspector of Police, Marthandam Police Station, Kanyakumari District.
4.M/s.Bharath Motors, Prop:G.Prakash Kumar, 7-75/5, Ponpaul Building, TVM Road, Vettuvenni Junction,
Marthandam-629 165, Kanniyakumari District.
5.Prakash Kumar 6.Rekha Prakash 7.J.Pushpam ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to provide adequate police protection for taking physical possession of the properties as per the order of the learned Chief Judicial Magistrate, Nagercoil in C.M.P.No.9734 of 2023 dated 09.07.2023 within a time frame fixed by this Court. For Petitioner : Mr.S.Suresh For R1 to R3 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor assisted by Mr.A.Albert James Government Advocate (Crl.side) For R4 to R7 : Mr.S.Anand for Mr.M.Natarajan
ORDER
[Order of the Court was made by J.NISHA BANU, J.] This writ petition is filed seeking for a direction to the respondent police to provide adequate police protection for taking physical possession of the subject properties as per the direction of the learned Judicial Magistrate, Nagercoil vide order dated 19.07.2023 in C.M.P.No.9734 of 2023.
2.This Court during the earlier hearing on 13.02.2025, had directed the respondent Police to appear before this Court so as to show cause as to why the directions of the learned Judicial Magistrate, Nagercoil was not complied with. 3.Today, when the writ petition is taken up for hearing, the respondent police appeared in person before this Court and submitted a status report to the effect that the order of the learned Judicial Magistrate, Nagercoil dated 19.07.2023 has been complied with. The status report further reads that the possession of the subject properties were taken with necessary police protection as directed by the learned Judicial Magistrate, Nagercoil, which is not disputed by the learned counsel for the petitioner.
4.Accordingly, this writ petition has become infructuous and the same is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.
[J.N.B., J.] & [S.S.Y., J.] 28.02.2025 NCC : Yes / No Index : Yes / No ta
To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.
2.The Deputy Superintendent of Police, Marthandam, Kanyakumari District.
3.The Inspector of Police, Marthandam Police Station, Kanyakumari District.
J.NISHA BANU, J.
AND S.SRIMATHY , J.
ta W.P.(MD)No.4908 of 2024 28.02.2025