Paul Sounder Raj v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD) No.4577 of 2023 1.Paul Sounder Raj 2.J.Mallika 3.P.Nithya 4.S.Stella Selvakumari ... Petitioners -vs1.The Union of India rep.by its Secretary to Govt.

Ministry of Finance Department of Financial Services 3rd Floor, Jeevan Deep Building Sansad Marg New Delhi 110001

2.The Reserve Bank of India rep.by its Director WRMP+4Q9, New Central Office Building Sahid Bhagatsingh Road Fort Mumbai State of Maharashtra-400 001 3.The Reserve Bank of India rep.by its Regional Director Regional Office Fort Glasis No.16, Rajaji Salai Chennai-600 001 4.M/s.IDBI Bank Ltd., rep.by Authorized Officer Ratnala Sridhar Kumar KK Nagar Branch No.1/1, Karthik Raja Complex KK Nagar, Melur Road Madurai-625 020 5.C.Prasanna Advocate Commissioner Appointed by the Chief Judicial Magistrate Madurai (Through Cr.M.P.No.274/2022, dated 18.04.2022 served on 17.05.2022) No.64, Law Chamber District Court Building Madurai-625 020 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 4 and 5 herein not to take any coercive action of dispossessing the petitioners from the secured asset house building bearing Door No.225-191/4, R.S.No.66/1A, Plot No.7, B Block,

(Managiri Village), Kumaran Street, Thasilthar Nagar, Rajaji Street, Madurai-625 020.

For Petitioner :

Mr.S.Veeranasamy For Respondents :

Mr.S.Jeyasingh Central Government Standing Counsel for R1

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] The petitioners seek a mandamus forbearing the respondents from taking any coercive action to dispossess them from the secured asset.

2. Admittedly, the petitioners have borrowed money from the respondent - Bank and the respondent - Bank initiated proceedings under the SARFAESI Act for recovery of the loan amount. The learned Chief Judicial Magistrate, Madurai, has passed an order dated 18.04.2022, in Cr.M.P.No.274 of 2022, under Section 14 of SARFAESI Act, appointing Advocate Commissioner to take possession of the property. The said order was challenged by the petitioners in W.P.(MD) No.10326 of 2022 and this Court granted interim stay of all further proceedings subject to the condition that the petitioners pay a sum of Rs.7,50,000/- to the respondent - Bank on or

before 15.06.2022. It is not in dispute that the petitioners did not comply with the said order and withdrew the said writ petition on 26.09.2022.

3. In this writ petition, the petitioners seek a mandamus forbearing the respondent - Bank from discharging their statutory functions. Law is clear that such a mandamus cannot be issued. Hence, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[R.S.M., J.] [L.V.G., J.] 07.03.2023 (2/2) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

The Secretary to Government, Union of India, Ministry of Finance, Department of Financial Services, 3rd Floor, Jeevan Deep Building, Sansad Marg, New Delhi 110001.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk and W.M.P.(MD) No.4577 of 2023 07.03.2023 (2/2)