IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.01.2026 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA M/s. Karur Vysya Bank Limited, Rep. by its Authorized Officer, P.S.Sundaravarathan, Having Branch Office at 3^rd Floor, New No.2/1 & 2/2, Angadi Street, Venkatesapuram Colony, Ayanavaram, Chennai – 600 023. ...Petitioner Vs.

1. The Commissioner of Police, Commissioner of Police Office, Ammapet, Salem District – 636 002.

2. The Inspector of Police, Ammapet Police Station, Salem District – 636 002.

3. The Village Administrative Officer, Ammapet Village, Salem District – 637 301.

4. The Tahsildar, Salem East, Ammapet Village, Salem District.

5. M/s. Kingbell Fashion, Rep. by Sole Proprietrix, S.Sangeetha, No.254/182, Krishnanpudur, Ammapet, Salem – 636 003.

6. SMR.Vinaykrishna @ M.R.Suresh ...Respondents Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to comply with the order passed by the learned Chief Judicial Magistrate at Salem in Crl.MP.No.14 of 2025 dated 19.03.2025, based on the representation of the Advocate Commissioner dated 23.07.2025 and 17.09.2025 and provide necessary police protection during the execution process of the petitioner bank at the time of taking physical possession of the property.

For Petitioner : Mr.A.Arunbabu For Respondents : Mr.K.M.D.Muhilan, APP, for R1 & R2

O R D E R

This writ petition (criminal) has been filed seeking to direct the 1^st and 2^nd respondents to comply with the order dated 19.03.2025 passed by the learned Chief Judicial Magistrate, Salem in Crl.MP.No.14 of 2025, based on the representations of the Advocate Commissioner dated 23.07.2025 and 17.09.2025 and to consequently, provide necessary police protection during the execution process of the petitioner bank at the time of taking physical possession of the property.

2. Mr.K.M.D.Muhilan, learned Additional Public Prosecutor, takes notice on behalf of the 1^st and 2^nd respondents. In view of the consent expressed by the learned counsel on either side, this writ petition (criminal)

taken up for final disposal at the admission stage itself.

3. Since no order adverse to the interest of the respondents 3 to 6 is passed, notice to the said respondents is dispensed with.

4. Learned counsel for the petitioner submitted that the petitioner is a banking company registered under the Indian Companies Act, 1913. The 5^th and 6^th respondents herein approached the petitioner bank for OCC limit facility against the collateral/security of the properties owned by them and accepting the same, vide a sanction letter dated 13.03.2015, the petitioner bank disbursed a sum of Rs.2,00,00,000/- (Rupees Two Crores only) under Secured Loan Account No.11862223000001203 and the 5^th and 6^th respondents executed a Secured Loan Agreement, creating a security interest and mortgaging their properties in favour of the petitioner bank. While so, as the 5^th and 6^th respondents defaulted in repayment of the above said loan, their account was classified as a Non-Performing Asset (NPA) on 14.05.2019 and subsequently, the petitioner bank initiated proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (in short “the SARFAESI Act”) and the petitioner took symbolic possession of the property on 13.08.2019 and the possession notice was published in Dinamani and New Indian Express on 18.08.2019. Subsequently, the property was brought for public auction and the Property No.2 mentioned in the sale notice was purchased by one B.Kavin Kumar. Thereafter, the petitioner filed an application under Section 14 of the SARFAESI Act in Crl.MP.No.14 of 2025 before the learned Chief Judicial Magistrate, Salem, seeking assistance to take physical possession of the secured assets, viz., the mortgaged property and the same was allowed on 19.03.2025 and an Advocate Commissioner was also appointed to hand over the physical possession of the subject