Pandiammal. S v. The Authorized Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.Pandiammal ... Petitioner -vs1.The Authorized Officer, Housing Finance Corporation Limited, Kalpalathika Towers, New No.36, Old No.24, Dr.Ambedkar Road, Ashok Nagar Main Road, Kodambakkam, Chennai - 600 024.

2.The Manager, Dewan Housing Finance Corporation Limited, No.146/6, Ground Floor, Vinayaga Complex, Perundurai Road, Erode, Erode District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned notice dated 20.07.2021 by the 1st respondent and quash the same.

For Petitioner :

Mr.J.Imran Khan For Respondents :

Mr.Pethu Rajesh

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Challenging the impugned demand notice issued by the 1st respondent dated 20.07.2021, the petitioner has filed this Writ Petition.

2. Today, When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that the petitioner is inclined to submit OTS proposal to the respondents / Bank and it is suffice if the respondents / Bank is directed to consider and dispose of the same on merits, for which, the learned counsel appearing for the respondents - Bank submitted that if the petitioner submits any OTS proposal, the respondents - Bank would consider the same on merits.

3. Though this Court cannot issue any positive direction as sought for by the petitioner, in view of the submission made by the learned counsel for

the petitioner, this Writ Petition is disposed of directing the petitioner to submit OTS proposal to the respondents - Bank, within a period of three weeks from the date of receipt of a copy of this order and on such filing, the 1st respondent - Bank may pass orders on the same on merits and in accordance with RBI norms, within a period of four (4) weeks thereafter. No costs. [R.M.D., J.] [J.S.N.P., J.] 16.11.2022 vsm To 1.The Authorized Officer, Housing Finance Corporation Limited, Kalpalathika Towers, New No.36, Old No.24, Dr.Ambedkar Road, Ashok Nagar Main Road, Kodambakkam, Chennai - 600 024.

2.The Manager, Dewan Housing Finance Corporation Limited, No.146/6, Ground Floor, Vinayaga Complex, Perundurai Road, Erode, Erode District.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

vsm 16.11.2022