M/S.City Union Bank v. The State Rep by the Inspector of Police

ORDER The petitioner is a financial institution. It invoked Section 13(2) of the SARFAESI Act against the debtors. Thereafter, it also initiated proceedings under Section 14 of the SARFAESI Act.

2.The Chief Judicial Magistrate, Tiruvallur, granted an order on

17.10.2024, appointing an Advocate practising in that Court as a Commissioner to take possession of the property. The Commissioner too, had partly executed the warrant. On the request of the debtors, they were permitted to keep the removables in the property so that they would remove them later. The debtors did not remove the materials so placed. Hence, the petitioner approached the Inspector of Police, Avadi for protection. As it was not granted, it is before this Court.

3.When the matter came up for hearing before this Court on 18.08.2026, I called upon Mr.S.Yogaraja Sekar to get instructions from the police. Mr.S.Yogaraja Sekar received instructions and submitted that if the warrant is issued by the learned Chief Judicial Magistrate, police support will be given for execution of the same.

4.A perusal of the order dated 17.10.2024 shows that Crl.M.P.No.8605 of 2024 was allowed on that day, issuing a warrant to one Mr.J.Santhakumar, Advocate, Thiruvallur to take possession of the petition mentioned property and hand over the same to the writ petitioner.

5.Partial handing over of the property cannot be treated as due discharge of the warrant. At the same time, the police cannot be given a direction to give police protection to the writ petitioner to dispossess the person in possession. Therefore, the petitioner shall get the warrant issued, pursuant to Crl.M.P.No.8605 of 2024 dated 17.10.2024, renewed. If the Advocate Commissioner requires the police assistance, he shall make a requisition to the Inspector of Police, T-10 Police Station, Avadi. In such an event, the concerned Inspector shall afford police protection.

6.Accordingly, this Writ Petition stands ordered. The Chief Judicial Magistrate, Tiruvallur, shall verify before renewing the warrant whether any appeal is pending or any stay has been granted in any Court. No costs. 19-08-2026 krk Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.The State Rep by The Inspector of Police T-10, Police Station, Chennai - Tiruvallur High Road, Nagamalai Nagar, Cholambedu, Avadi, Chennai - 600109.

2.The Assistant Commissioner of Police VGN Shanthi Nagar, Ambattur, Chennai - 600 058.

3.The Deputy Commissioner of Police TNHB MIG V Block, Vivekananda Nagar, Avadi, Chennai - 600 054.

4.The Public Prosecutor, High Court of Madras, Chennai. V.LAKSHMINARAYANAN J. krk WP Crl. No. 2079 of 2026

19-08-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN City Union Bank Limited, Represented by its Branch Manager, P.Ramya, No.174, South Park Street, Venkatapuram, Ambattur, Chennai-600 053. Petitioner(s) Vs 1. The Inspector of Police T-10, Police Station, Chennai - Tiruvallur High Road, Nagammai Nagar, Cholambedu, Avadi, Chennai - 600109. 2.The Assistant Commissioner of Police VGN Shanthi Nagar, Ambattur, Chennai - 600 058. 3.The Deputy Commissioner of Police TNHB MIG V Block, Vivekananda Nagar, Avadi, Chennai - 600 054. 4.M.C.Periyar S/o.P.Chandra, No.6/8A, Ibrahim Cross Street, Chozhapuram, Ambattur, Chennai - 600 053. 5.P.Venkatalakshmi W/o.M.C.Periyar, No.6/8A, Ibrahim Cross Street, Chozhapuram, Ambattur, Chennai - 600 053. Respondent(s) PRAYER To issue a Writ, Order, or Direction in the nature of Writ of Mandamus directing Respondent Nos.1 to 3 to consider the petitioner Bank's Representation dated 08.07.2026 consequently grant adequate, necessary Police Protection, assistance to the Authorized Officer of the Petitioner Bank to safely, peacefully shift/ remove all the household articles from the property to a godown, enabling the petitioner Bank to deliver vacant physical possession to the auction purchaser pursuant to the order dated 17.10.2024 passed in Crl.M.P.No.8605 of 2024 on the file of the Chief Judicial Magistrate, Tiruvallur within a strict time frame stipulated by this Honourable court and to pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case. For Petitioner(s): Mr.Ra.Gopinath For Respondent(s): Mr.S.Yogaraja Sekar Government Advocate (Crl.Side)