K.V.PRAKASHAN Vs. A.A.KUMARAN

JUDGEMENT

(1.) This writ appeal is directed against the judgment dtd. 18/5/2022 in W.P.(C) No.5875 of 2022. The appellants are respondents 4 and 5 in the writ petition. Parties and documents are referred to in this judgment for convenience, as they appear in the writ petition.

(2.) Petitioner is the auction purchaser of an item of immovable property over which security interest was created for a loan availed by respondents 4 and 5 from the third respondent Bank. Consequent to default in repayment of the loan, proceedings have been initiated by the third respondent for enforcement of security interest in terms of the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the Act) and in the said proceedings, on 13/3/2018, possession of the property was taken over and handed over to the authorised officer of the Bank by the Advocate Commissioner appointed by the concerned Chief Judicial Magistrate under Sec. 14 of the Act. Thereafter, in compliance with the provisions of the Act, sale of the property was held and the possession was handed over to the petitioner who became the successful bidder in the auction sale, after issuing a sale certificate to him. On the strength of the sale certificate, the petitioner has effected transfer of registry of the property in his name and has also remitted the basic tax.

(3.) The case set out by the petitioner in the writ petition is that on 22/1/2022, respondents 4 and 5, who were the borrowers, forcibly trespassed into the property, broke open the doors of the building therein and took forcible possession of the property. The petitioner, in the circumstances, sought protection from police for his life and property on the ground that after respondents 4 and 5 were physically dispossessed from the property in accordance with the provisions of the Act, they cannot take forcible possession of the property using their might. Since the petitioner was not afforded the protection sought by him, he instituted the writ petition for a direction to the police to take necessary steps to remove respondents 4 and 5 from the property and grant him protection for his life and property.