Madras High CourtWP/36494/2024withdrawn dismissed

Mrs.S.Divya v. The Managing Director

2024-12-11Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2024 CORAM :

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY & W.M.P.No.39343 of 2024

1. S.Divya

2. Sadasivam ..

Petitioners Vs.

1. The Managing Director No.131, Maker Tower-F Premises 13 th Floor, Cuffe Parade Mumbai 400 005.

2. LIC Housing Finance Limited Southern Regional Office Through Authorised Officer Harington Chambers, No.30/1A, Block C 2nd Floor, Abdul Razack 1 st Street Saidapet, Chennai 600 015.

3. LIC Housing Finance Limited Recovery Department, Coimbatore Back Office Tristar Towers, 2nd Floor 657 Avinashi Road, Coimbatore 641 037 Rep. by its Assistant Manager V.Kannan.

4. The State rep. by Inspector of Police Economic Offences Wing (EOW) Coimbatore.

5. Sherlin Sheeba

6. Balu ..

Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Mandamus to direct the respondents 1 to 3 to refund the petitioners' hard earned money of Rs.44,00,000/- (Rupees forty four lakhs) paid by the petitioners to LIC Housing Finance Limited, Recovery Department, Coimbatore in the form of Demand Draft No.003376 dated 10.06.2024 obtained by the 3rd respondent.

For Petitioner :

Mr.M.Palanivel

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) After the petition was heard for some time, since disputed questions of facts are involved, counsel sought leave to withdraw the petition with liberty to file a suit.

2. The writ petition is dismissed as withdrawn with liberty as prayed for. Consequently, the interim application filed to permit the petitioners to file a single writ petition is allowed, subject to payment of separate court fee within to weeks. No costs.

(K.R.SHRIRAM, CJ) (SENTHILKUMAR RAMAMOORTHY,J.) 11.12.2024 Index :

Yes/No :

Yes/No kpl To

1. The Managing Director No.131, Maker Tower-F Premises 13 th Floor, Cuffe Parade Mumbai 400 005.

2. The Authorised Officer Southern Regional Office

Harington Chambers, No.30/1A, Block C 2nd Floor, Abdul Razack 1 st Street Saidapet, Chennai 600 015.

3. The Assistant Manager V.Kannan.

Recovery Department, Coimbatore Back Office Tristar Towers, 2nd Floor 657 Avinashi Road, Coimbatore 641 037.

4. The Inspector of Police Economic Offences Wing (EOW) Coimbatore.

THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.

(kpl) 11.12.2024