Sahaya Jerold Melvin v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.Crl.(MD)No.358 of 2025 Sahaya Jerold Melvin ... Petitioner Vs 1.The Superintendent of Police, Kanyakumari Police Station, Nagercoil.
2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.
3.The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.
4.The Branch Manager, Equitas Small Finance Bank Ltd., Chettikulam Branch, Nagercoil, Kanyakumari District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct 1/5
the 1st respondent to consider the petitioner's representation dated 22.06.2025 and direct the 3rd respondent to return his vehicle bearing Reg.No.TN 92 B 2121 was taken by him without complaint. For Petitioner : Mr.M.Ramu For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
O R D E R
The petitioner is doing fish business, for which, he is using a Goods Carrier vehicle for the purpose of transportation. On 13.05.2025, the vehicle parked in his premises was found missing along with 120 fish boxes worth Rs.84,000/-. Therefore, he has lodged a complaint before the respondent police on 13.05.2025 and the same was assigned in CSR No.370 of 2025. On 15.06.2025, the petitioner has found the vehicle near Vellisanthai and therefore, he took his vehicle. Thereafter, the third respondent has forcibly seized the vehicle from his premises at the instance of the fourth respondent herein, without even any complaint. Therefore, the petitioner has approached this Court.
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2.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondents 1 to 3 submits that based on the complaint of this petitioner, an enquiry in CSR No.370 of 2025 has been conducted. The enquiry reveals that the petitioner has purchased the vehicle by availing loan from the fourth respondent Bank and failed to repay the dues for the last four months. Despite intimation given by the fourth respondent Bank, the petitioner has not turned up. Hence, the fourth respondent Bank has seized the vehicle and they have also produced the relevant documents to that effect. Therefore, the complaint of this petitioner has been closed on 30.06.2025.
3.Recording the aforesaid submission made by the learned Additional Public Prosecutor that the petitioner's vehicle has been seized by the fourth respondent Bank, as he has failed to pay the dues, this writ petition is closed with a direction to the respondent police to furnish a copy of the closure report to the 3/5
petitioner, enabling him to work out his remedy in the manner known to law. No costs.
01.07.2025 Index:Yes Internet:Yes vrn To 1.The Superintendent of Police, Kanyakumari Police Station, Nagercoil.
2.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.
3.The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.
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B.PUGALENDHI, J.
vrn Order made in W.P.Crl.(MD)No.358 of 2025 01.07.2025 5/5