M.Maharajan v. R.Edwin Prabhakaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P(MD)No.15019 of 2015 and M.P.No.1 of 2015 M.Maharajan .. Petitioner Vs.

1. R.Edwin Prabaharan

2. The Authorized Officer, Housing and Urban Development Corporation Ltd., No.11-13 LIC Building, Ground Floor, Kamarajar Salai New Saram, Puducherry .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 2nd respondent to accept the payment of loan in Loan Account No.IHLMadurai-00417 and close the loan and returned the documents to the petitioner.

For Petitioner : Mr.M.A.M.Raja For Respondents : Mr.Aravind for R2

ORDER

(Order of the Court was made by T.S.SIVAGNANAM, J.) The petitioner's case is that he is the owner of the property and he has sold the same to the first respondent on a settlement agreement that the property wold be reverted back to him, as the first respondent is a Teacher, it will be easy for him to avail loan from the 2nd respondent Bank. However, after executing the sale deed, the whereabouts of the first respondent is not known. The petitioner has also given a complaint before the Superintendent of Police, Theni.

2. The facts raised by the petitioner are all disputed questions and the same has to be agitated before the appropriate forum and not by way of a writ petition. Hence, the relief sought for by the petitioner cannot be granted. Accordingly, this writ petition is dismissed. However, it is open for the petitioner to https://hcservices.ecourts.gov.in/hcservices/

work out his remedy before the appropriate forum. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To The Authorized Officer, Housing and Urban Development Corporation Ltd., No.11-13 LIC Building, Ground Floor, Kamarajar Salai New Saram, Puducherry.

+ 1 CC TO Mr.R.A.ARAVIND, ADVOCATE IN SR No. 51320 RR TE/JC/SAR-IV : 20/04/2017 : 2P/3C ORDER MADE IN W.P(MD)No.15019 of 2015 and M.P.No.1 of 2015 10.04.2017 https://hcservices.ecourts.gov.in/hcservices/