Govindarajan, v. The Authorized Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23/4/2015 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR a n d THE HONOURABLE MR. JUSTICE G.CHOCKALINGAM Writ Petition (MD) No.6398 of 2015 Govindarajan ...

Petitioner Vs

1. The Authorized Officer Arcil-Arms Office at No.715 - C,7th Floor Spencer Plaza Phase II No.769 Anna Salai Chennai 2.

2. The ICICI Bank (Home Finance) rep. By its Branch Manager Having Office at Thillai Nagar Trichy 17.

...

Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records of the first respondent's auction notice dated 22/1/2015 with regard to the petitioner's housing property having Door No.1/48-1, Agraharam, Kulumani Village & Post, Srirangam, Trichy District and quash the same as illegal. For Petitioner ...

Mr.G.Kandha Vadivelan For Respondents ...

Mr.Pala Ramasamy for R.2.

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O R D E R

(Order of the Court was made by S.MANIKUMAR,J) Auction notice dated 22/1/2015 with regard to the petitioner's housing property at Door No.1/48-1 Agraaram, Kuhumani Village and Post, Srirangam, Trichy District, is challenged on the ground inter alia that the respondent's Bank has not considered the earlier directions issued in W.P.(MD) No.11581 of 2012 in which directions have been issued to consider the representation.

2. Directions issued in W.P.(MD) No.11581 of 2012 dated 5/9/2012 is extracted hereunder:- https://hcservices.ecourts.gov.in/hcservices/ "5. Heard the counsel on either side and perused the materials available on record. To show

the bona fide of the petitioner, the learned counsel for the petitioner produced a demand draft as stated above and the same was handed over to the counsel appearing for the respondents.

Under these circumstances, we direct the second respondent to consider the representation of the petitioner dated 2/8/2012 requesting for paying the loan amount in easy installments and after giving credit to the amount of Rs.3,00,000/- paid today, pass appropriate orders after giving opportunity to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. We also make it clear that till the representation of the petitioner is disposed of, there shall not be any coercive proceedings against the petitioner."

3. If for any reason, the respondent has not considered the same, no fresh writ petition would lie. Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is a special enactment which contains provisions to the aggrieved person to take recourse, in accordance with the provisions and hence, writ petition would not lie.

4. In the result, the writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar \\True copy\\ Sub Assistant Registrar To

1. The Authorized Officer, Arcil-Arms Office at No.715 - C,7th Floor Spencer Plaza Phase II No.769 Anna Salai Chennai 2.

2. The Branch Manager, ICICI Bank (Home Finance) Having Office at Thillai Nagar Trichy 17.

+1cc to MR.G.KANTHAVADIVELLAN, ADVOCATE SR.NO.21569 Writ Petition (MD) No.6398 of 2015 MVS NA/11/05/2015/P2/4C https://hcservices.ecourts.gov.in/hcservices/