Idbi Bank Limited v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20.06.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE S.SRIMATHY IDBI Bank Limited, Having Branch at A.J.Complex, Panavilai, Near Government Hospital, Thuckalay, Kanyakumari District-629 175, Represented by its Authorized Officer, Salvin Sivaraman, S/o.Mr.Sivaraman.

... Petitioner Vs 1.The Superintendent of Police, Kanyakumari District, Office of S.P.Nagercoil, Kanyakumari-629 001.

2.The Deputy Superintendent of Police, Thuckalay, Office of D.S.P., Nagercoil, Kanyakumari-629 175.

3.The Inspector of Police, Kaliyakkavilai Police Station, Kaliyakkavilai, Kanyakumari-629 153.

4.C.Jeyaseelan 1/5

S/o.Chothy, Proprietor of CJN Agencies, No.11/7B, Kurumathur, Kulithalai Post, Kanyakumari-629 163.

5.Jeeva W/o.C.Jeyaseelan, No.11/7B, Kurumathur, Kulithalai Post, Kanyakumari-629 163.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to take proper action on the representation of the petitioner, dated 28.11.2023 and to provide necessary police protection to the Advocate / Commissioner and the bank officials, to take physical possession of the mortgaged properties i.e., item Nos.1, 2, 3 and 4 as per the order of the Chief Judicial Magistrate, Nagercoil.

For Petitioner : Mr.J.Prabakaran For R-1 to R-3 : Mr.T.Senthil Kumar Additional Public Prosecutor For R-4 & R-5 : Mr.C.Suresh Kannan 2/5

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) Mrs.R.Shanthi, Inspector of Police, Arumanai Circle, Kanyakumari District and Mr.Dhas, SSI - 867, Kaliyakavilai Police Station, Kanyakumari District are present before this Court today.

2. Mr.T.Senthil Kumar, learned Additional Public Prosecutor, states, on instructions, that necessary police protection to the Advocate/Commissioner and Bank officials to take possession of the mortgaged properties will be given.

3. Statement accepted as an undertaking to this Court.

4. The borrowers/R4 and R5, represented by Mr.C.Suresh Kannan, are directed to handover the peaceful possession and not to create any law and order problem.

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5. Petition stands disposed of. There shall be no order as to costs. (K.R.SHRIRAM, C.J.) (S.SRIMATHY, J.) 20.06.2025 NCC : Yes/No Index : Yes/No LR/Sm To 1.The Superintendent of Police, Kanyakumari District, Office of S.P.Nagercoil, Kanyakumari-629 001.

2.The Deputy Superintendent of Police, Thuckalay, Office of D.S.P., Nagercoil, Kanyakumari-629 175.

3.The Inspector of Police, Kaliyakkavilai Police Station, Kaliyakkavilai, Kanyakumari-629 153.

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THE HON'BLE CHIEF JUSTICE AND S.SRIMATHY, J.

LR/ Sm ORDER IN WP(MD) No.5401 of 2024 Date: 20.06.2025 5/5