M.Imran Khan Pathan v. M/S.Shriram Housing Finance Limited

THE HIGH COURT OF JUD ICATURE AT MADRAS Dated : 29.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE R.SAKTHIVEL Imran Khan Pathan

...Petitioner

Vs.

1.M/s.Shriram Housing Finance Limited, Reg. Office No. 123, Angappa Naicken Street, Chennai - 600 001.

2.Fathima Bugum

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of writ of mandamus, directing the first respondent to consider the petitioner's representation dated 19.01.2024 and to direct the first respondent to release the petitioner's lease amount from the sale excess amount of the 2nd respondent's property vide sale certificate dated 15.04.2023 with respect to 2nd respondent's property totalling to 1927.11 Sq.ft together with 567 Sq.ft. undivided share out of 756 Sq.ft. UDS at Door No.17, Ponnappa Mudali Street, Purasawalkam Village, Perambur Taluk, Chennai - 600 084 in Old Survey No.373 (part), R.S.No.668 (part). For Petitioner : Mr.A.Sathiya Prakash 1/3

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The mandamus sought for cannot be issued. The petitioner wants this Court to become an Executing Court. If any money is left in the hands of the respondent after appropriating its debts, it is open to the petitioner to take legal proceedings to either attach that money or by obtaining a garnishee order. Hence, this Writ Petition is dismissed. No costs. (R.S.M., J.) (R.S.V., J.) 29.02.2024 kkn Internet:Yes Index:No Speaking Nuetral Citation :No 2/3

R.SUBRAMANIAN, J.

and R.SAKTHIVEL, J.

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