Madras High CourtWP(MD)/1709/2017closed

N.Murugan, v. The Union Of India,

2017-04-24Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P. Velmurugan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.[MD].No.1709 of 2017 and W.M.P(MD)No.1408 of 2017 M.Murugan : Petitioner Vs.

01.The Union of India, Represented by the Secretary, Ministry of Finance, Shastri Bhawan, New Delhi - 100 001.

02.The Chairman, Mahindra Rural Housing Finance Limited, Sadhana House, 2nd Floor, 570, P.B.Marg, Worli, Mumbai - 400 018, Maharastra.

03.The Manager, Mahindra Home Finance, E.J. Plaza, Near Police Station, Marthandam, Kanyakumari District 04.The District Collector, Collectorate, Nagercoil, Kanyakumari District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Declaration, declaring the imprinting of the message on the face of the petitioner's Dwelling House in Tamil by the Respondent No.3 meaning as, "This house has taken loan from Mahindra Firm and on default in payment of loan appropriate action is proposed" as illegal. For Petitioner : Mr.T.Lajapathi Roy For R1 : Mr.R.Murugappan For R2 and R3 : Mr.S. Pon Senthil Kumaran For R4 : Mr.S.Chandrasekar Government Advocate

O R D E R

********** This Writ petition has been filed for the issuance of Writ of Declaration, declaring the imprinting of the message on the face of the petitioner's Dwelling House in Tamil by the Respondent No.3 meaning as, "This house has taken loan from Mahindra Firm and on default in payment of loan appropriate action is proposed" as illegal.

2. Heard Mr.T.Lajapathi Roy, Learned Counsel appearing for the petitioner, Mr.R.Murugappan, learned counsel appearing for the 1st respondent, Mr.S.Pon Senthil Kumaran, learned counsel appearing for respondents 2 & 3 and Mr.S.Chandrasekar, Learned Government Advocate appearing for 4th respondent. 3.The learned counsel for the petitioner on instructions submitted that though larger relief is sought for, in the light of the interim direction issued by this Court, notice affixed on the petitioner's property have been removed, therefore, the petitioner is satisfied and states that the same may be recorded and writ petition may be closed.

4.In the light of the submission made by the learned counsel for the petitioner, while recording the action initiated to the respondent after the interim direction of this Court, dated 27.03.2017, this writ petition is closed.

Sd/- ASSISTANT REGISTRAR(CS-I) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 01.The Secretary, Union of India, Ministry of Finance, Shastri Bhawan, New Delhi - 100 001.

02.The Chairman, Mahindra Rural Housing Finance Limited, Sadhana House, 2md Floor 570, P.B.Marg, Worli, Mumbai - 400 018, Maharastra.

03.The Manager, Mahindra Home Finance, E.J. Plaza, Near Police Station, Marthandam, Kanyakumari District.

04.The District Collector, Collectorate, Nagercoil, Kanyakumari District.

+1 CC TO MR.S.PONSENTHIL KUMAR,ADVOCATE,SR NO.53689 +1 CC TO MR.R.MURUGAPPAN,ADVOCATE,SR NO.53617 +1 CC TO MR.T.LAJAPATHI ROY,ADVOCATE,SR NO.53757 +1 CC TO SPECIAL GOVERNMENT PLEADER SR NO.53952 Am MAS/JC:08.05.2017:3P-9C WP(MD)No.1709 of 2017 24.04.2017