J. Thirumalairajan v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).No.5760 of 2025 J.Thirumalairajan ... Petitioner Vs.

1.The Authorized Officer, For Aptus Value Housing Finance India Pvt., Ltd., No.8B, Doshi Towers, 205, Poonamallee High Road, Kilpauk, Chennai-600 010.

2.The Branch Manager, Aptus Value Housing Finance Pvt., Ltd., Shop Nos.27 & 28, 1st Floor, Sona Towers, Palani Road, Dindigul-624 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to E-Auction Sale Notice of the 1st respondent dated 05.03.2025 under SARFAESI Act and quash the same 1/4

as illegal and consequently direct the Respondents to hand over the possession of livelihood home property and original documents lying in S.Nos.495/3, 495/4, 495/6B and 495/7B of Pattiveeranpatti Town Panchayat, Sevugampatti Village, Nilakottai Taluk, Dindigul as per OTS (One Time Settlement) receipt dated 20.08.2024 to the petitioner within a stipulated time that may be fixed by this Court. For Petitioner :

Ms.G.Kavitha Through Legal Aid For Respondents :

Mr.V.Sukumar

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The petitioner appearing in person along with the Legal Aid Counsel made a submission that he wants to withdraw the writ petition with liberty to file a petition before the Debts Recovery Tribunal.

2. In view of the above, this Writ Petition is dismissed as withdrawn with liberty to the petitioner to approach the Debts Recovery Tribunal for redressal of his grievance in the manner known to law. It is 2/4

needless to state that the period during which this writ petition was pending be considered while condoning the delay. No costs. Consequently, connected miscellaneous petition is closed. [S.M.S., J.] [A.D.M.C., J.] 06.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 3/4

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

abr 06.06.2025 4/4