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Madras High CourtWP Crl.(MD)/2010/2025disposed of

Shriram Finance Limited v. The Superintendent Of Police,

2025-11-12Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN W.P.Crl.(MD).No.2010 of 2025 Shriram Finance Limited, Kovilpatti Branch Rep. by The Authorized Officer, C.Balasubramanian.

... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.

3.The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

4.Vedanayagapandian

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to provide necessary police assistance to the petitioner for restoring possession of the secured asset in Survey Nos.531/26 pt, 531/25 pt, 531/24 pt, 532/23 pt, 531/22 pt and 531/17 pt and the house constructed therein bearing 1/4

Door Nos.119B, 112B, 118-4, 118-3, 118-2, 118-1, 114, 115, 117, Ward B, Block No.4 and T.S.Nos.152, 153, 154, 155, 156, 157, 162, 163, 164 measuring 5.125 cents situated at Kovilpatti Town by removing the 4th respondent and his family members and others if any from the secured asset within the time to be stipulated by this Court.

For Petitioner : Mr.M.Kannan For R-1 to R-3 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The writ petition has been filed for a direction to the respondents 1 to 3 to provide police protection to enable the petitioner to restore the possession of the properties which was illegally taken by the 4th respondent after it was handed over to the petitioner pursuant to the order of the learned Magistrate.

2. The learned Additional Public Prosecutor, on instructions, would submit that pursuant to the complaint lodged by the petitioner, an enquiry is pending and that the same would be concluded within a period of two weeks.

3. This Court cannot at this stage issue a mandamus, as prayed for, as there are several disputed questions of fact involved. However, in view of the submissions made by the learned Additional Public Prosecutor that the respondent would conduct an enquiry and conclude the same within a period of 2/4

two weeks, the respondents 1 to 3 are directed to complete the above said enquiry and communicate the result of the same to the petitioner within a period of two (2) weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

12.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm/ars To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.

3.The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Thoothukudi District.

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

3/4

SUNDER MOHAN, J.

Lm/ars W.P.Crl.(MD).No.2010 of 2025 12.11.2025 4/4