Petitioner filed writ seeking Mandamus to restore possession of property alleged to be illegally occupied. Court held petition infructuous as petitioner admitted restoring possession via re-possession letter.
writ petition dismissed as infructuous
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W.P.No.28651 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.11.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.No.28651 of 2023
M/s. Jana Small Finance Bank Ltd., The Fairway Business Park No.10/1, 11/2 & 12/2B, Off Domlur, Koramangala Inner Ring Road, Next to Embassy Golf Links Chllaghatta, Bangalore – 560071 Branch Office Address No.28/36 South West Boag Road, T.Nagar., Chennai – 600 017 Represented by its Authorised Officer, Mr.Veerabagu A ... Petitioner
Vs.
1. The Commissioner of Police, Tiruppur City, Tiruppur, Tamil Nadu.
2. The State Represented by, The Inspector of Police, 15, Velambalayam Police Station, Tiruppur, Tamil Nadu.
3. Thirumoorthy
4. K.Sellathal
5. Soundarapandiyan
6. Pradeepkumar V ... Respondents
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W.P.No.28651 of 2023
Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue Writ of Mandamus directing the respondents 1 and 2 to take appropriate legal action against the Respondents 3 to 6 for their illegal occupation and to restore possession of the property to the petitioner as per the order passed by the learned Chief Judicial Magistrate, Tiruppur in Crl.M.P.No.5781 of 2022 dated 22.09.2022 and impose heavy cost on the respondents 3 to 6 for their disobedience /violation of the order passed by the learned Chief Judicial Magistrate, Tiruppur.
For Petitioner : Mr.V.Balasubramani For R1 & R2 : Mr.S.Udaya Kumar Government Advocate (Crl.Side)
O R D E R
Writ Petition is filed seeking Mandamus directing the respondents
1 & 2 to take appropriate legal action against the respondents( 3 to 6) for their illegal occupation and restore the possession of the property to the petitioner as per the order passed by the learned Chief Judicial Magistrate, Tiruppur in Crl.M.P.No.5781 of 2023 dated 22.09.2022.
2. Petitioner herein is a micro finance institution which has taken
possession of the said property under SARFAESI Act. Alleging that, respondents 3 to 6 has broke open the seal of the property after
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W.P.No.28651 of 2023
possession taken by the Writ Petitioner, a complaint was given on 03.05.2023. Since, no action was taken by the respondent police, present writ petition is filed.
3. The learned Government Advocate (Crl. Side) submitted that, after receipt of the complaint through On-line, matter was enquired and the possession was restored to the writ petitioner. Writ Petitioner has given a letter dated 18.10.2023 that he has taken re-possession of the property in the presence of the Advocate Commissioner and the police men of Velambalayam Police Station and the premises is locked and sealed. Hence, nothing survives in this petition.
4. In view of the submissions made by the learned Government Advocate (Crl. Side), this Writ Petition is dismissed as infructuous.
27.11.2023
Index : Yes/No Neutral Citation : Yes/No Sma
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W.P.No.28651 of 2023
Dr.G.JAYACHANDRAN,J.
sma
o
1. The Commissioner of Police, Tiruppur City, Tiruppur, Tamil Nadu.
2. The Inspector of Police, 15, Velambalayam Police Station, Tiruppur, Tamil Nadu.
3. The Public Prosecutor, High Court of Madras, Chennai.
W.P.No.28651 of 2023
27.11.2023
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M/s. Jana Small Finance Bank Ltd.
The Commissioner of Police, Tiruppur City
The State Represented by The Inspector of Police, Velambalayam Police Station
Thirumoorthy
K.Sellathal
Soundarapandiyan
G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
