Ravi. P v. The Regional Director

W.P.(MD)No.495 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.495 of 2021 and W.M.P.(MD)No.423 of 2021 P.Ravi ... Petitioner Vs 1.The Regional Director, Reserve Bank of India, Fort Glacis, No.16, Rajaji Salai, Chennai-600 001.

2.The Managing Director, Muthoot Finance Co., Registration Office, Muthoot Chambers, Opp. Saritha Theater Complex, Banerji Road, Kochin, Kerala, 682018.

3.The Branch Manager, Muthoot Finance Ltd., 81-B-1, AK.S.Complex, Madurai Road 1st Floor, Opposite Bala Hospital, Usilampatti, Madurai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the third respondent to return the pledged jewels after receiving the payment by the petitioner in connection with loan No.LMA 120, 123, 138 and 219 by considering the petitioner's representation dated 05.01.2021. For Petitioner : Mr.D.S.Haroon Rasheed

ORDER

Heard the learned counsel appearing for the petitioner. 2.The petitioner appears to have pledged his jewels with the Muthoot Finance Limited and availed loan. The petitioner is said to be having some disputes with the Finance Company. He has therefore filed this petition for directing the third respondent to return the pledged jewelry after receiving the payments from him. The Muthoot Finance Limited is not a "State instrumentality" https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.495 of 2021 within the meaning of Article 12 of the Constitution of India. The dispute is essentially private in nature. There is no public law element present. Therefore, the Writ Petition is not maintainable. It is accordingly dismissed. I make it clear that I have not gone into the merits of the matter. The other remedies of the petitioner are very much left open and it is always open to the petitioner to avail the same. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

W.P.(MD)No.495 of 2021 18.01.2021 KM (04.02.2021) 2P 1C https://hcservices.ecourts.gov.in/hcservices/ 2/2