W.P.Crl. No.498 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-09-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR WP Crl. No. 498 of 2025 1. Punjab National Bank BO. Circle Sastra Centre, Dr.Nanjappa Road, Coimbatore-641018. Rep. by its chief manager/authorised officer Ms.Syma Jayaprakasan, age 52. Petitioner(s) Vs 1. The State Rep. by Inspector of Police Chithode police station, Erode-638102. 2.Shri.Chandran.C S/o.shri.chinnusamy, No.7/1, plot No.43, Indira nagar, Suraiampalayam village, Vasavi college (PO), Erode-638316. 3.Shri.Kamaraj. KC S/o.shri.chandran. C., No.7/1, plot No.43, Indira nagar, suraiampalayam village, Vasavi college (PO), Erode-638316. 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl. No.498 of 2025 4.Ramasamy 12/21, mannalmedu street, SRD Compound, Erode - 638 001. Respondent(s) PRAYER: Writ Petition (Crl.) filed under Article 226 of Constitution of India to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent police to take immediate and appropriate action on the FIR No.382 of 2023 dated 29.09.2023 filed at Chithode Police station and to ensure compliance with the orders passed by the Chief Judicial Magistrate, Erode and evict the trespassers and hand over the physical possession of the schedule mentioned property either to the petitioner bank or to the auction purchaser. For Appellant(s): Mr.Mv.Shankar For Respondent(s): Mr.K.M.D.Muhilan, Additional Public Prosecutor Mr.S. Kaithamalai Kumaran For R4 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl. No.498 of 2025 ORDER This Criminal Original Petition has been filed seeking direction the respondent police to take immediate and appropriate action on the FIR No.382 of 2023 dated 29.09.2023 filed at Chithode Police station and to ensure compliance with the orders passed by the Chief Judicial Magistrate, Erode and evict the trespassers and hand over the physical possession of the schedule mentioned property either to the petitioner bank or to the auction purchaser. 2. The case of the petitioner is that the respondents 2 and 3 had availed a housing loan to the tune of Rs.51,00,000/- on 01.09.2017 and also availed an overdraft facility of Rs.15,00,000/- on 27.11.2017 from the petitioner bank, by executing necessary loan agreements and depositing title deeds. According to the petitioner, due to the non-payment of dues, the loan account of the respondents 2 and 3 were classified as Non Performing Asset (NPA) on 29.09.2018, as per the RBI guidelines. Subsequently, the petitioner bank initiated SARFAESI proceedings under section 14 of SARFAESI Act in CMP 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl. No.498 of 2025 No.5157 of 2022 before the Chief Judicial Magistrate for taking physical possession of the property and the same was ordered on 01.06.2022. As per above said order, physical possession of the property was also taken and the property was sold through e-auction to one Ramasamy for a sale consideration of Rs.66,50,000/-. On 04.11.2022, when the petitioner bank attempted to deliver physical possession of the property to the auction purchaser, it was found that the respondents 2 and 3 had unlawfully broke open the seal and trespassed into the property. In this regard, the petitioner lodged a complaint before the respondent police and it was registered in FIR No.382 of 2023 on 29.09.2023. However, till now, the respondent police did not proceed with the case. Hence this writ petition. 3. The learned Additional Public Prosecutor appearing for the first respondent, on instructions, submitted that in the case in FIR No.382 of 2023, investigation was over and a final report has been filed on 21.02.2025 in E - Filing No. LTN 2023 0000 479 C202500089 before the Judicial Magistrate-III, Erode and the case is yet to be numbered. 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl. No.498 of 2025 4. Recording the submissions made by the learned Additional Public Prosecutor appearing for the respondent police, this Writ Petition (crl.) is closed. 22-08-2025 Index:Yes/No Internet:Yes Neutral Citation:Yes/No mrp To The Inspector of Police, Chithode police station, Erode-638102. 5/6 https://www.mhc.tn.gov.in/judis W.P.Crl. No.498 of 2025 N.SATHISH KUMAR J. mrp W.P.Crl.No.498 of 2025 15.09.2025 6/6 https://www.mhc.tn.gov.in/judis