S.Kandasamy v. The Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-06-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY S.Kandasamy S/o.Samiappan, No.5/273, Malayappa gounder Layout, Gandhi Nagar Post, Udumalpet, Tirupur, Tamil Nadu 642 154.
..Petitioner(s) Vs
1. The Director, Department of Financial Services, Ministry of Finance, 3rd Floor, Jeevan Deep Building, Sandad Marg, New Delhi 110 001.
2. The Regional Director, Reserve Bank of India, Fort Glacis, No.16, Rajaji Salai, Chennai 6000 001.
3. The Joint Director and Head of zone, Central Bureau of Investigation, III Floor, E.V.K.Sampath
4. The Direcotrate of Income Tax (Vigilance ) Sourth, Income Tax Department, Aayakar Bhawan,8th Floor, Annexe Building, 121, MG Road, Nungambakkam, Chennai 600 0034.
5. The Economic Offences wing, No.2, Ntesan Salai, PTC, Ashok Nage, Chennai 600 083.
6. The Managing Director and CEO, Canara Bank, Head Office, 112, J.C. Road, Bangalore 560 002.
7. The District Registrar, Coimbatore South Registration Office, 5th Floor, Singapore Plaza, Cross Cut Road,
Coimbatore 641 012.
8. The Sub Registrar, Kinathukadavu Sub - Registrar Office, Kinathukadavu, Coimbatore 642 109.
..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents herein to take necessary action based on the petitioners representation dated 25/11/2025 within a time frame as may be stipulated by this Honorable Court. For Petitioner(s):
Mr.S.Venugopal Raj for M/s.M.Santhanaraman For Respondent(s):
Mr.Dominic S.David, Govt Advocate for R7 and R8 Order This Writ Petition is filed for a Mandamus directing the respondents to take necessary action based on the petitioner's representation dated 25.11.2025, within a time frame as may be fixed by this Court.
2. The learned counsel for the petitioner submits that the petitioner is the absolute owner of land admeasuring an extent of 3.68 acres comprised in S.F.Nos.316/1A, 317/1A, 318/1A, 319/2B and 329/1B situated at Chettiakkapalayam Village, having purchased the same under registered Sale Deed dated 10.7.2013. The petitioner, for the purpose of expanding his business, has availed loan facilities from Canara Bank by mortgaging the said
property and due to unforeseen circumstances including COVID-19 pandemic and financial constraints, the petitioner defaulted in repayment leading to classification of the loan account as Non Performing Asset and initiation of proceedings under SARFAESI Act. According to the petitioner, while so, the respondent Bank officials in collusion with third parties, unauthorisedly conducted sale of the secured asset by suppressing the material fact that the property is a DTCP approved layout and that substantial portion had already been gifted to the Panchayat for public use. Aggrieved by the same, the petitioner submitted a detailed representation dated 25.11.2025 to the respondents seeking appropriate action. However, the respondent instead of considering the petitioner's representation, are making false allegations that the petitioner had not disclosed the DTCP approval at the time of creating of mortgage. Hence the petitioner has filed the instant writ petition.
3. In reply, the learned Government Advocate appearing for the respondents would submit that the petitioner's representation dated 25.11.2025 will be disposed of by the respondents within a period of six weeks.
4. Heard the learned counsel for the petitioners and the learned Government Counsel for the respondents and also perused the materials available on record.
5. In view of the above, this Court directs the 1st respondent to consider the petitioner's representation dated 25.11.2025 on its own merits, after due notice to the authorities concerned and dispose of the same in accordance with law within a period of eight weeks from the date of receipt of copy of this order.
6. With the above directions, this writ petition is disposed of. No costs. 04-06-2026 Index: Yes/No Speaking/Non-speaking order Sk To
1. The Director, Department of Financial Services, Ministry of Finance, 3rd Floor, Jeevan Deep Building, Sandad Marg, New Delhi 110 001.
2. The Regional Director, Reserve Bank of India, Fort Glacis, No.16, Rajaji Salai, Chennai 6000 001.
3. The Joint Director and Head of zone, Central Bureau of Investigation, III Floor, E.V.K.Sampath
4. The Direcotrate of Income Tax (Vigilance ) Sourth, Income Tax Department, Aayakar Bhawan,8th Floor, Annexe Building, 121, MG Road, Nungambakkam, Chennai 600 0034.
5. The Economic Offences wing, No.2, Ntesan Salai, PTC, Ashok Nage, Chennai 600 083.
6. The Managing Director and CEO, Canara Bank, Head Office, 112, J.C. Road, Bangalore 560 002.
7. The District Registrar, Coimbatore South Registration Office, 5th Floor, Singapore Plaza, Cross Cut Road, Coimbatore 641 012.
8. The Sub Registrar, Kinathukadavu Sub - Registrar Office, Kinathukadavu, Coimbatore 642 109.
KRISHNAN RAMASAMY J.
Sk 04-06-2026