S.Anthony Savarimuthu, v. The General Manager,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) Nos.5337 and 20294 of 2019 S.Anthony Savarimuthu ... Petitioner Vs.

1.The General Manager, Dept. of Non Banking Supervision, Reserve Bank of India, Fort Glacis, 16, Rajaji Salai, Chennai-600 001.

2.The Secretary to Govt., Law Department, Fort St. George, Chennai-9.

3.The Secretary to Govt., Public Department, Fort St. George, Chennai-9.

4.The Secretary to Govt., Revenue Department, Fort St. George, Chennai-9.

5.The District Collector, 1/6

6.The Tahsildar, Tirunelveli Taluk, 7.The Inspector of Police, District Crime Branch, 8.The Regional Transport Officer, 9.The Managing Director, SREI Equipment Finance Ltd., Head Office - Plot No.7-10, Block EP, Sector-V, Salt Lake City, Kolkata-700 091.

10.The Manager, SREI Equipment Finance Ltd., No.2, 1st Floor, 67-G/3, Charu Towers, South Bypass Road, Near New Bus Stand, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 8 to forbear the private financial companies functioning within the State of Tamil Nadu from selling any hypothecated/pledged vehicles or bringing the same for any auction, in the name of default in repaying of loan, without the intervention of jurisdictional competent court and direct the respondents 1 to 8 to ensure that no vehicle is to be 2/6

seized or confiscated or sold without the intervention or producing before the competent jurisdictional court in the matters of recovering defaulted loans against vehicles purchased under hire purchase agreement by any financial or banking institutions functioning or carrying business within the state of Tamil Nadu. For Petitioner :

Mr.S.Balamurugan For RR2 to 6 & 8 :

Mr.P.Thilakkumar Government Pleader For R7 :

Mr.T.Senthilkumar Additional Public Prosecutor For RR9 & 10 :

Mr.Ananth C. Rajesh For R1 :

No appearance

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in the present writ petition is absolutely misconceived. It is a private dispute between the petitioner and a company regarding loan transaction and any grievance exists, the petitioner has to resolve the same in the manner known to law. 3/6

2. With the above observation, this Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

[S.M.S., J.] [A.D.M.C., J.] 02.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr To 1.The Secretary to Govt., Law Department, Fort St. George, Chennai-9.

2.The Secretary to Govt., Public Department, Fort St. George, Chennai-9.

3.The Secretary to Govt., Revenue Department, Fort St. George, Chennai-9.

4.The District Collector, 4/6

5.The Tahsildar, Tirunelveli Taluk, 6.The Inspector of Police, District Crime Branch, 7.The Regional Transport Officer, 5/6

S.M.SUBRAMANIAM, J.

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

abr 02.07.2025 6/6