1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2011 CORAM THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition(MD) No.877 of 2011 M.P(MD)No.1 of 2011 Sathya Jebaseelan .. Petitioner Vs. 1. The Authorised Officer, HDFC Ltd., Trivandrum 2. The Superintendent of Police, Kanyakumari District, Kanyakumari. 3. M/s.Housing Development Finance Corporation Limited (HDFC), Nagercoil Branch, Kanyakumari District. .. Respondents This writ petition is filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the respondents 1 to 3 to permit the petitioner to remit the entire amount due and payable by him and consequently allow the petitioner to redeem his property in R.S.No.560/16C situated at Velvachagostam Village, Kalkulam Taluk, Kanyakumari District in an extent of 7 cents along with construction. For Petitioner :: Mr.T.Lajapathi Roy For Respondents 1&3 :: Mr.M.N.Ramkumar For 2nd Respondent :: Mr.M.Rajarajan, Government Advocate O R D E R (Order of the Court was made by N.PAUL VASANTHAKUMAR, J.) Prayer in the writ petition is to issue a writ of mandamus directing the respondents 1 to 3 to permit the petitioner to remit the entire amount due and payable by him and consequently allow the petitioner to redeem his property in R.S.No.560/16C situated at Velvachagostam Village, Kalkulam Taluk, Kanyakumari District in an extent of 7 cents along with construction. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Now the petitioner has given an undertaking dated 4.2.2011 before the first respondent, which reads as follows: "I have borrowed Rs.2,00,000/- (Rupees Two Lakhs only) from your Bank for house construction. Due to my only son's sudden and sad demise, I have totally depressed and therefore I could not repay the loan as per the terms of the loan agreement. Now I have received your letter stating that you are going to take possession of the property wherein myself, my wife and my age old mother are residing. We have no other shelter or relatives to look after own affairs. Today I am paying Rs.1,00,000/- and I have my undertaking that I will pay the entire balance outstanding on or before 28.2.2011. Otherwise I will surrender the vacant possession of the property to you without any objection." 3. In view of the above undertaking of the petitioner that he is willing to pay the entire balance outstanding on or before 28.2.2011, failing which he will surrender vacant possession of the property to the second respondent without any objection, the writ petition is disposed of directing the petitioner to pay the entire outstanding on or before 28.2.2011. For reporting compliance of the above direction, post on 1.3.2011. No costs. Connected M.P.(MD)No.1 of 2011 is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To 1. The Authorised Officer, HDFC Ltd., Trivandrum 2. The Superintendent of Police, Kanyakumari District, Kanyakumari. 3. The Officer in-charge, Housing Development Finance Corporation Limited (HDFC), Nagercoil Branch, Kanyakumari District. Copy to: The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai. W.P.(MD) No.877 of 2011 08.02.2011 Vr NSV/23.2.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/