The petition sought a writ directing the bank to allow police inspection of a mill for recovery of stolen items. The Court, without adjudicating merits, granted liberty to file a separate petition under Section 173 of the BNSS Act and dismissed the writ petition.
Liberty granted to file a petition before the DRT or trial court under Section 173 of BNSS Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2024
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P. No.1769 of 2024
P.Natarajan
.... Petitioner
Vs.
....Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the first respondent to allow the seocnd respondent to inspect the property of the mill situated at Sakthi Cooperative Industrial Estates, Illayamuthoor road, Udumalai based on the complaint submitted by the petitioner dated 03.04.2023, dated 28.12.2023 and the representation submitted to the first respondent bank dated 04.01.2024 for the theft of machineries, electrical items etc., worth Rs.3.34 crores inside the mill and consequently, direct the second respondent to take necessary action for recovery of the same within the time frame to be fixed by this Court.
For Petitioners : Mr.G.Sankatan, Sr.C.
For S.Nedunchezhiyan For Respondents : Mr.John Noel Koilpillai R1
1
ORDER
This petition has been filed seeking a direction to the first respondent to allow the second respondent to inspect the property of the mill situated at Sakthi Cooperative Industrial Estates, Illayamuthoor road, Udumalai based on the complaint submitted by the petitioner dated 03.04.2023, dated 28.12.2023 and the representation submitted to the first respondent bank dated 04.01.2024 for the theft of machineries, electrical items etc., worth Rs.3.34 crores inside the mill and consequently, direct the second respondent to take necessary action for recovery of the same within the time frame to be fixed by this Court.
the petitioner submitted that this Court, without going into the merits of the case, may grant permission to the petitioner to file a petition either before the DRT or before the trial Court under Section 173 of BNSS Act.
2
There shall be no order as to costs.
23.08.2024
Index : Yes/No Internet : Yes/No Rli
3
M.DHANDAPANI, J.
rli
To
W.P. No.1769 of 2024
02.09.2024
4
1 issue framed by the court
Whether to grant liberty to the petitioner to file a petition before the DRT or trial court.
2 provisions across 2 enactments
P. Natarajan
CSB Bank Ltd.
The Inspector of Police, Udumalaipet Police Station
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
