Grihum Housing Finance Limited v. Mr.S.Karuppasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Grihum Housing Finance Limited, (Formerly Poonawalla Housing Finance Limited), Represented by its Authorized Officer, S.Subramananian ... Petitioner vs.

1.S.Karuppasamy 2.Saraswathi Karuppasamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the learned Chief Judicial Magistrate, Theni District to number the application filed by the petitioner under Section 14 of SARFASI Act for taking physical possession of the respondents house property located at comprising in Survey No.418/1, at present UDR Survey No.418/1A, New UDR Survey No.418/1A3 at present sub division Survey No.418 to an extent of 875 sq.ft at Thimarasanayakkanour Village, Andipatti Taluk, Periyakulam Registration District, Theni District and dispose the same in Crl.M.P.SR.No.9174/2024 on the file of the learned Chief Judicial Magistrate, 1/5

Theni District as expeditiously as possible within the time stipulated by this Court.

For Petitioner : Mr.M.Shakul Hameed

ORDER

(Order of the Court was made by J. NISHA BANU, J.) This writ petition has been filed for the issue of writ of Mandamus directing the learned Chief Judicial Magistrate, Theni District to number the application filed by the petitioner under Section 14 of the SARFASI Act for taking physical possession of the respondents' house property comprised in Survey No.418/1, presently UDR Survey No.418/1A, New UDR Survey No. 418/1A3 and currently sub division Survey No.418, to an extent of 875 sq.ft situated at Thimarasanayakkanour Village, Andipatti Taluk, Periyakulam Registration District, Theni District and to dispose of the same in Crl.M.P.SR.No. 9174/2024 on the file of the learned Chief Judicial Magistrate, Theni District, as expeditiously as possible within the time stipulated by this Court. 2/5

2.According to the petitioner/the Grihum Housing Finance Limited, the petitioner filed an application under Section 14 of the SARFAESI Act before the Chief Judicial Magistrate on 12.10.2024 in Crl.M.P.SR.No.9174 of 2024, seeking to take physical possession of the respondents' house property. The petition was returned on 31.12.2024, pointing out certain deficiencies. The petitioner claims to have rectified the defects and represented the application on 30.01.2025. However, even after a lapse of two months, the application has not yet been taken on file, prompting the petitioner to file the present Writ Petition. 3.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, the learned Chief Judicial Magistrate, Theni District, is directed to number the petition in Crl.M.P.SR.No.9174 of 2024, if the papers are otherwise in order. The said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order. 3/5

4.The Writ Petition is disposed of with the above direction. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 21.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/5

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 21.04.2025 5/5