1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 20..04..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.2504 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 Mrs. T. Rajakumari, W/o. A. Renganathan, No.4/1, 13 C, Bharathi Street, Mela Ambikapuram, Ponmalai Post, Trichy, Trichy District. ..... Petitioner - Vs - The Authorized Officer, LIC Housing Finance Ltd., Sethu Rukmani Complex, 3rd Floor, 104 Salai Road, Woraiyur, Trichy District. ......Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the auction sale notice dated 21.01.2011 issued by the respondent herein and quash the same. For Petitioner :: Mr. B. Prahalad Ravi For Respondent :: Mr. V. Veerapandian O R D E R (Order of the Court was delivered by K. SUGUNA, J.) The petitioner has filed this writ petition challenging the auction sale notice dated 21.01.2011 issued by the respondent herein. 2. The case of the petitioner is that herself and her husband had jointly availed a sum of Rs.3,15,000/- on 20.09.2001 and a sum of Rs.3,80,000/- on 29.12.2003, thus totalling a sum of Rs.6,95,000/- as loan from the respondent by depositing their title deeds pertaining to the dwelling house located in Survey No.214/2 measuring about 1495 sq.ft., situated at Ariyamangalam Village, K.Abishekapuram, Trichy District. According to the petitioner, they were regular in repayment of monthly installment as fixed by the https://hcservices.ecourts.gov.in/hcservices/ 2 respondent towards principal as well as interest and they were under the bonafide impression that the respondent would account the said installments paid all these years towards the repayment of principal as well as interest. But, suddenly they were informed that the amount so far paid was not accounted towards the principal and adjusted only towards the interest. The petitioner made a request to furnish the Statement of Account, which was not done. In the meanwhile, it is the case of the petitioner that her husband met with an accident and consequently, further payment could not be made at all. In the said circumstances, the auction sale notice has been issued by the respondent. 3. According to the learned counsel appearing for the petitioner, now the petitioner is willing to pay the entire amount, but, in view of the present circumstances faced by the petitioner, she is not in a position to make the full payment immediately and she is willing to make the entire payment in installments. 4. The learned counsel appearing for the respondent had objected for granting installments on the ground that if the petitioner fails to pay the amount, again they have to issue auction sale notice. 5. As far as the objection of the learned counsel appearing for the respondent is concerned, the expenditure for the second auction sale notice will be borne by the petitioner and not by the respondent. Apart from this, the reason, basing on which the petitioner seeks time to make the payment is an acceptable one. Consequently, we are of the view that ends of justice would be met by permitting the petitioner to pay the entire amount in two installments. According to the learned counsel appearing for the respondent, as on date, the amount due is Rs.6,70,000/- (Rupees Six Lakhs and Seventy Thousand only). 6. Since the petitioner is willing to make the entire payment in installments, we direct the petitioner to make the entire payment in two equal installments and the first installment has to be paid on or before 19.06.2011 and the balance amount of the second installment has to be paid on or before 19.08.2011. It is needless to point out that in the event of any failure on the part of the petitioner in making the payments as stipulated above, the respondent is at liberty to proceed with the petitioner in accordance with law. It is stand of the learned counsel appearing for the respondent that as on date, they are not able to say the quantum of interest to be paid for the future period upto August 2011. However, the respondent is directed to inform to the petitioner the total amount to be paid within a period of two weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 3 7. With the above directions, this writ petition is disposed of. However, there will be no order as to costs. Consequently, the connected M.P.(MD)Nos.1 and 2 of 2011 are closed. Sd/ Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The Authorized Officer, LIC Housing Finance Limited, Sethu Rukmani Complex, 3rd Floor, 104 Salai Road, Woraiyur, Trichy District. +1cc to Mr.Hall Mark Associates, Advocate, Sr.No.14626 W.P.(MD)No.2504 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 dpn/- SMA/09.06.2011/3C/3P https://hcservices.ecourts.gov.in/hcservices/