Muneeswari.R v. Fullerton India Credit Co. Ltd.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE :22.09.2021
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN R.Muneeswari ... Petitioner Vs.
1.Fullerton India Credit Co., Ltd., rep by its Branch Manager, No.163, Pandieswari Complex, Opp. Siva Maruthi Showroom, 163, Kamarajar Salai, Madurai - 625 009.
2.M.Padmini, Manager, Fullerton India Credit Co., Ltd., No.163, Pandieswari Complex, Opp. Siva Maruthi Showroom, 163, Kamarajar Salai, Madurai - 625 009.
3.Harish Kumar Fullerton India Credit Co., Ltd., No.163, Pandieswari Complex, Opp. Siva Maruthi Showroom, 163, Kamarajar Salai, Madurai - 625 009.
4.Ganesan Manager, Fullerton India Credit Co., Ltd., No.163, Pandieswari Complex, Opp. Siva Maruthi Showroom, 163, Kamarajar Salai, Madurai - 625 009.
5.Alagusundaam Excutive Fullerton India Credit Co., Ltd., No.163, Pandieswari Complex, Opp. Siva Maruthi Showroom, 163, Kamarajar Salai, Madurai - 625 009.
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6.Station House Officer/The Inspector of Police, Thirupparankundram Police Station, Madurai - 625 005.
... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, restraining the respondents 1 to 5 from engaging in any kind of illegal activity of abusing and threatening the life of the petitioner with the help of goondas and to direct the 6th respondent to give protection to the petitioner from the illegal activities of the respondents 1 to 5.
For Petitioner: Mr.M.Alaga Devan For R6 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)
O R D E R
This writ petition is filed seeking writ of mandamus restraining the respondents 1 to 5 from engaging in any kind of illegal activity of abusing and threatening the life of the petitioner with the help of goondas and to direct the 6th respondent to give protection to the petitioner from the illegal activities of the respondents 1 to 5.
2. When the matter was taken up for hearing on 23.07.2021, the learned Additional Public Prosecutor has submitted that no representation was received by the official respondents, from the petitioner. On that ground, the matter was listed today.
3. When the matter taken up for hearing, the learned Government Advocate (Crl. Side) would submit that based upon the complaint, enquiry was undertaken in CSR.No.258 of 2021. During the course of enquiry, it was found that the petitioner borrowed loan from the respondent's Company and she was unable to repay the same due to the Covid-19 situation. When the money was demanded back by the official respondent, she has approached this Court.
4. It appears that it is a dispute between the borrower and the lender. So, the question of giving direction in the nature of writ of mandamus restraining the respondents 1 to 5 by engaging illegal activities, does not arise. It is totally misconceived one. If the respondents 1 to 5 indulged in any illegal activities by abusing him in filthy language, she must give a complaint before the respondent police. She approached this Court, which may not be proper. It is purely a dispute, between the lender and the borrower.
5. I find no merits in this petition. Since the enquiry is pending in CSR.No.258 of 2021, the petitioner may work out her remedy through appropriate proceedings.
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6.With the above said liberty, this Writ Petition is dismissed. No costs.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Inspector of Police/Station House Officer, Thirupparankundram Police Station, Madurai.
2.The Additional PUblic Prosecutor, Madurai Bench of Madras High Court, Madurai.
22.09.2021 RK(12.10.2021) 3P 3C 3/3