Disposed¶36

Idbi Bank Limited v. The Superintendent of Police

Madras HC20 Jun 2025WP(MD)/5401/2024

Case brief

AI extract

What is this about?

Mandamus for police protection to bank officials and Advocate/Commissioner for taking physical possession of mortgaged properties per Chief Judicial Magistrate, Nagercoil order; State undertaking accepted; borrowers directed to hand over peaceful possession; disposed, no costs. Court: Madurai Bench of Madras High Court; Judges: K.R.Shriram, C.J. and S.Srimathy, J.; Date: 20.06.2025; Statute cited: Article 226, Constitution of India; Parties: IDBI Bank Limited v. Superintendent of Police, Kanyakumari District and others.

What did the court decide?

The State's undertaking to give necessary police protection to the Advocate/Commissioner and bank officials was accepted; borrowers (R4 and R5) were directed to hand over peaceful possession and not create any law and order problem; petition disposed of with no order as to costs. ¶36

Idbi Bank Limited Vs The Superintendent of Police — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the police (first respondent) must provide necessary police protection to the Advocate/Commissioner and the bank officials to enable them to take physical possession of the mortgaged properties in accordance with the order of the Chief Judicial Magistrate, Nagercoil. +1 more

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Court's answer

The statement of the learned Additional Public Prosecutor, on instructions, that necessary police protection will be given to the Advocate/Commissioner and Bank officials to take possession of the mortgaged properties is accepted as an undertaking to the Court.

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Ratio / Principle

The borrowers/respondents 4 and 5 are directed to hand over peaceful possession of the mortgaged properties and not to create any law and order problem.

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Detailed headnote1 paragraphs

Writ Petition (Article 226) filed by IDBI Bank Limited before the Madurai Bench of the Madras High Court seeking a writ of mandamus directing the Superintendent of Police, Kanyakumari District to act on the petitioner's representation dated 28.11.2023 and to provide necessary police protection to the Advocate/Commissioner and bank officials for taking physical possession of mortgaged properties (item Nos.1 to 4) as per the order of the Chief Judicial Magistrate, Nagercoil. Before the Court (Coram: Chief Justice K.R.Shriram and S.Srimathy, J.; order pronounced by the Hon'ble the Chief Justice), the learned Additional Public Prosecutor stated on instructions that necessary police protection would be given; the Court accepted the statement as an undertaking. The borrowers/respondents 4 and 5 were directed to hand over peaceful possession and not to create any law and order problem. Petition stood disposed of with no order as to costs. Decision dated 20.06.2025.

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WP(MD). No.5401 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Date : 20.06.2025

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CORAM

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THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE S.SRIMATHY

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WP(MD). No.5401 of 2024

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IDBI Bank Limited, Having Branch at A.J.Complex, Panavilai, Near Government Hospital, Thuckalay, Kanyakumari District-629 175, Represented by its Authorized Officer, Salvin Sivaraman, S/o.Mr.Sivaraman. ... Petitioner

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1.The Superintendent of Police, Kanyakumari District, Office of S.P.Nagercoil, Kanyakumari-629 001.

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2.The Deputy Superintendent of Police, Thuckalay, Office of D.S.P., Nagercoil, Kanyakumari-629 175.

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3.The Inspector of Police, Kaliyakkavilai Police Station, Kaliyakkavilai, Kanyakumari-629 153.

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4.C.Jeyaseelan

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1/5

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.5401 of 2024

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S/o.Chothy, Proprietor of CJN Agencies, No.11/7B, Kurumathur, Kulithalai Post, Kanyakumari-629 163.

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5.Jeeva W/o.C.Jeyaseelan, No.11/7B, Kurumathur, Kulithalai Post, Kanyakumari-629 163.

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... Respondents

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PRAYER :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to take proper action on the representation of the petitioner, dated 28.11.2023 and to provide necessary police protection to the Advocate / Commissioner and the bank officials, to take physical possession of the mortgaged properties i.e., item Nos.1, 2, 3 and 4 as per the order of the Chief Judicial Magistrate, Nagercoil.

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For Petitioner : Mr.J.Prabakaran For R-1 to R-3 : Mr.T.Senthil Kumar Additional Public Prosecutor For R-4 & R-5 : Mr.C.Suresh Kannan

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2/5

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.5401 of 2024

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ORDER

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(Order of the Court was made by the Hon'ble the Chief Justice )

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Mrs.R.Shanthi, Inspector of Police, Arumanai Circle,

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Kanyakumari District and Mr.Dhas, SSI – 867, Kaliyakavilai Police Station, Kanyakumari District are present before this Court today.

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Mr.T.Senthil Kumar, learned Additional Public Prosecutor,

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states, on instructions, that necessary police protection to the Advocate/Commissioner and Bank officials to take possession of the mortgaged properties will be given.

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3. Statement accepted as an undertaking to this Court.

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4. The borrowers/R4 and R5, represented by Mr.C.Suresh

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Kannan, are directed to handover the peaceful possession and not to create any law and order problem.

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3/5

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https://www.mhc.tn.gov.in/judis

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WP(MD). No.5401 of 2024