B.Sennila v. The Authorised Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.No.18196 of 2023 1.
Minor B.Sennila Rep. by her Father/Next Friend N.Balasubramaniam 2.
Minor M.Elakkiya Rep. by her Father/Next Friend Moorthy 3.
Minor V.P.Poorva Rep. by her Father/Next Friend Vijayakumar 4.
Minor K.Riya Jen Rep. by her Father/Next Friend Kannan 5.
Minor S.K.Habinav Rep. by his Father/Next Friend S.K.Karuppuchamy 6.
Minor S.K.Harsha Rep. by her Father/Next Friend S.K.Karuppuchamy
...Petitioners
Vs.
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1.
The Authorised Officer, M/s. Reliance Commercial Finance Ltd., (Previously Reliance Capital Ltd.,) 512, Shamin Tower, Thadagam Road, R.S.Puram, Coimbatore - 638 402.
2.
The Chief Educational Officer, Chief Educational Office, Erode.
3.
M/s.Ragavendra Educational Trust, Rep. By its Managing Trustee, C.Selvan, 17, Malaikkarar Gounder Thottam, Karattur Road, Rangasamudiram Village, Sathyamangalam, Erode District.
4.
Sri Regavendra Matriculation Higher Secondary School, Rep. By its Correspondent, C.Selvan, 17, Malaikkarar Gounder Thottam, Karattur Road, Rangasamudiram Village, Sathyamangalam, Erode District.
...Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 & 2 to defer the proceedings under the SARFAESI Act, 2002 with respect to the 4th respondent school premises run by the 3rd respondent Trust at No.15/1, Karattur Road, Rangasamudiram, Sathyamangalam, Erode District till the end of the current academic year 2023-2024 by considering the petitioners' representation dated 20.06.2023.
For Petitioner : Mr.N.Manoharan For Respondent : Mr.P.Sathish, AGP, for R2 2/9
O R D E R
This Writ petition has been filed seeking direction to the 1st & 2nd respondents to consider the petitioners' representation dated 20.06.2023 and to consequently, defer the proceedings initiated under the SARFAESI Act, 2002 with respect to the 4th respondent school premises run by the 3rd respondent Trust till the end of the current academic year 2023-2024.
2. Mr.P.Sathish, learned Additional Government Pleader takes notice for the 2nd respondent. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.
3. Since no adverse order is being passed against the 3rd and 4th respondents, notice to the 3rd and 4th respondents is dispensed with.
4. The case of the petitioners is that the petitioners herein are studying in the 4th respondent school (hereinafter referred as 'School'), which was established and run by the 3rd respondent trust from the year 1996. Further, the 3rd respondent trust executed a lease deed dated 24.07.2008 bearing Doc.No. 3720 of 2008 in favour of the school for a period of 30 years and the said lease period expires only in the year 2037. While so, the 3rd 3/9
respondent trust obtained a loan from the 1st respondent bank, by giving the trust properties towards security for the said loan, for the purpose of developing the school. However, as the 3rd respondent was unable to settle the outstanding dues, the 1st respondent initiated proceedings under the SARFAESI Act by issuing demand notice to recover the outstanding dues and also obtained necessary orders to take possession of the school premises. Immediately, the petitioners made representations dated 19.06.2023, 20.06.2023 and 21.06.2023, before the 1st and 2nd respondents, seeking to disclose certain information about the school and requested to defer any action as against the school under the SARFAESI Act till the end of the current academic year, which evoked no response. Hence, this Writ petition.
5. Learned counsel for the petitioners submitted that, there are about 400 students studying in the 4th respondent school and there are more than 60 students including the petitioners 3 to 6, who are direct beneficiaries under the Right of Children to Free and Compulsory Education Act, 2009 and the students who got admission as per the scheme of the said Act, need not pay any fees for the classes between LKG to VIII Standard. While so, if 4/9
the 1st respondent is allowed to initiate proceedings under the SARFAESI Act and if the school is locked and sealed, the petitioners will not be able to proceed with their studies and they will not be able to avail the benefit under the above said Act. Hence, he submitted that, it would suffice if this Court issues direction to the 1st & 2nd respondents to consider the petitioners' representations dated 19.06.2023, 20.06.2023 & 21.06.2023 and to consequently, defer the proceedings under the SARFAESI Act, 2002 with respect to the 4th respondent school premise till the end of the current academic year 2023-2024.
6. On the above said contentions, heard Learned Additional Government Pleader appearing for the 2nd respondent and perused the materials placed on record.
7. Admittedly, for non payment of the outstanding dues, the 1st respondent initiated proceedings as against the school management under the SARFAESI Act in which, the petitioners are not aggrieved persons. If at all the petitioners are aggrieved, they have to make representation before the 2nd respondent and the jurisdictional District Collector. However, it appears 5/9
that, the petitioners have already given representations before the 2nd respondent and the District Collector.
8. In view of the above, this Court without expressing any opinion on the merits of the case directs the 2nd respondent to consider the petitioners' representations dated 19.06.2023, 20.06.2023 & 21.06.2023 on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioners and aggrieved persons, if any. However, the 2nd respondent is directed to ensure that the petitioners' studies are not hindered by any action in accordance with the SARFAESI Act.
9. With the above observations and directions, this Writ petition stands disposed of. No costs. Consequently, connected Miscellaneous petition is closed.
26.06.2023 (1/2) skt NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No 6/9
To 1.
The Authorised Officer, M/s. Reliance Commercial Finance Ltd., (Previously Reliance Capital Ltd.,) 512, Shamin Tower, Thadagam Road, R.S.Puram, Coimbatore - 638 402.
2.
The Chief Educational Officer, Chief Educational Office, Erode.
3.
M/s.Ragavendra Educational Trust, Rep. By its Managing Trustee, C.Selvan, 17, Malaikkarar Gounder Thottam, Karattur Road, Rangasamudiram Village, Sathyamangalam, Erode District.
4.
Sri Regavendra Matriculation Higher Secondary School, Rep. By its Correspondent, C.Selvan, 17, Malaikkarar Gounder Thottam, Karattur Road, Rangasamudiram Village, Sathyamangalam, Erode District.
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M.DHANDAPANI, J.
skt and WMP.No.18196 of 2023 (1/2) 26.06.2023 8/9
WMP.No.18194 of 2023 in M.DHANDAPANI., J.
The present Miscellaneous petition filed to permit the petitioners to join together and file a single Writ petition is ordered as prayed for.
26.06.2023 (2/2) skt 9/9