Madras High CourtWP(MD)/2381/2022dismissed

Meenakshi v. The Financial Secretary

2025-02-03Honourable Mr Justice V. Lakshminarayanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Writ Petition(MD)No.2381 of 2022 Meenakshi ..Petitioner Vs 1.The Financial Secretary, Department of Financial Services, Ministry of Finance, Government of India, New Delhi.

2.Indiabulls Commercial Credit Ltd., Indiabulls Housing Finance Ltd., 1st Floor, 25, Najafgarth Road, Industrial Area, Opp DLF Main Road, Shivaji Marg, Moti Nagar, New Delhi - 15.

3.Indiabulls rep. by its Authorized Signatory, 16 & 17 Shop No.A2, III Floor, KRV Arcade, AR Plaza, North Veli Street, Madurai - 1.

..Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to dispose the complaint of the petitioner dated 22.11.2021 against the respondent financial company within stipulated time, the first respondent would not act on the petitioner's complaint.

For Petitioner : Mr.Muthumalan for Mr.T.A.Ebenezer For Respondents : Mr.P.Subbiah Central Govt. Senior Panel Counsel for Mr.D.Ghandiraj Spl. Govt. Pleader (for R1 and R2) Mr.T.Pon Ramkumar (for R3)

ORDER

This writ petitioner seeks issuance of a Writ of Mandamus to direct the first respondent to dispose the complaint lodged by the petitioner dated 22.11.2021 against the respondents 2 and 3.

2. The case of the petitioner is that her husband one Maheswaran borrowed loan by mortgaging his property and the said Maheswaran passed away on 14.04.2021. There was an insurance policy covering the payment, in case of default, due to the death of the borrower. The respondents 2 and 3 obtained the amount from the Insurance Company in full quit of their claim 2/5

against the property. Despite the same, as they were demanding the amount from the writ petitioner, she has filed the present writ petition.

3. I heard Mr.Muthumalan for the petitioner and Mr.P.Subbiah, learned Central Government Senior Panel Counsel for the respondents 1 and 2 and Mr.Pon Ramkumar for the third respondent.

4. Mr.Pon Ramkumar states that pending the writ petition, amounts were received from the Insurance Company and the documents were returned.

5. The said submission is recorded. The grievance of the petitioner has been redressed pending writ petition. Hence, nothing survives for further adjudication in this matter. Therefore, this writ petition is dismissed as infructuous. No costs.

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To 1.The Financial Secretary, Department of Financial Services, Ministry of Finance, Government of India, New Delhi.

2.Indiabulls Commercial Credit Ltd., Indiabulls Housing Finance Ltd., 1st Floor, 25, Najafgarth Road, Industrial Area, Opp DLF Main Road, Shivaji Marg, Moti Nagar, New Delhi - 15.

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V.LAKSHMINARAYANAN, J.

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