Ramamoorthy v. M/S. Aptus Value Housing Finance India Ltd

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07.04.2025

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE P.B. BALAJI and WMP(MD) No.9934 & 9936 of 2024 Ramamoorthy ... Petitioner Vs

1. M/s. Aptus Value Housing Finance India Ltd., 8B, Doshi Towers 205, Poonamallee High Road, Kilpauk, Chennai - 600 010.

2. Aptus Value Housing Finance India Ltd., No.90, Floor MDSR Enclave, Bharathidasan Salai, Cantonment, Trichy - 620 001.

3. The District Collector, Karur District, Karur.

4. Block Development Officer (Village Panchayats), Kulithalai Panchayat Union, Kulithalai, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the Honourable Chief Judical Magistrate, Kulithalai passed in Crl.M.P.No.109 of 2024 dated 27.03.2024 and quash the same and 1/4

consequently direct the respondents 1 and 2 to hand over possession of the petitioner's house property to the petitioner located in Survey No. 412/1B3B of Vaigainallur South Village to an extent of 1308 square feet at No.52-1, Melamailadi, Sathiyamangalam - 639 120, Kulithalai Taluk, For Petitioner : Mr.T.M.Madasamy For Respondent : Mr.V.Sukumar (R1 & R2) Mr.S.R.A.Ramachandran Additional Government Pleader (R3 & R4)

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) Challenge is to the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Petitioner may approach the Debts Recovery Tribunal. If the Debts Recovery Tribunal is approached within two weeks, delay, if any, shall be deemed to have been condoned.

2. At the same time, we notice that, in the affidavit, petitioner has stated that petitioner is ready to pay monthly installments to second respondent and settle the matter.

2/4

3. Mr.Sukumar states that if petitioner makes a representation with a copy to him, he shall advise the second respondent to look into the matter. Petition dismissed with aforesaid liberty. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(K.R.SHRIRAM, C.J.) (P.B.BALAJI, J.) 07.04.2025 NCC : Yes/No Index : Yes/No Sm To

1. Aptus Value Housing Finance India Ltd., No.90, Floor MDSR Enclave, Bharathidasan Salai, Cantonment, Trichy - 620 001.

2. The District Collector, Karur District, Karur.

3. Block Development Officer (Village Panchayats), Kulithalai Panchayat Union, Kulithalai, 3/4

THE HON'BLE CHIEF JUSTICE AND P.B.BALAJI, J.

Sm ORDER IN WP(MD) No.11160 of 2024 Date:

07.04.2025 4/4