IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11.01.2010 CORAM: THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.7231 of 2008 And M.P.No.1 of 2008 Mrs. Pankajam Rajan, W/o. S.N.Rajan, No.54, Vimal Nagar, Vadavalli Post, Coimbatore – 641 041. ... Petitioner Vs. 1. The Authorised Officer, L.I.C. Housing Finance Ltd., Tristar Tower Ist Floor, 657, Avinasi Road, Coimbatore – 641 037. 2. The Regional Manager, LIC, Housing Finance Ltd., South India, Co-operative Buildings, No.38, Annasalai, Chennai – 2. 3. LIC Housing Finance Ltd, Registered Corporate Office, Bombay Life Building, II Floor, 45/47, Near Nariman-point, Mumbai – 400 001. .... Respondents Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, to call for the records relating to the impugned demand notice dated 16.02.2008 issued by the first respondent and quash the same as illegal and unsustainable and direct the respondents to return all the original documents and title deeds deposited by the petitioner in connection with the loan A/c. No.1311380 and 1311583 after receiving the loan amount if any due on December 2005. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr. S. Kanniah For Respondents : M/s. B.B. Sendhilkumar ORDER The prayer in the writ petition is to quash the order dated 16.02.2008 issued by the first respondent and to direct the respondents to return all the original documents and title deeds deposited by the petitioner in connection with the loan A/c. No.1311380 and 1311583 after receiving the loan amount if any. 2. The impugned order is the demand notice issued under Section 13 (2) of the SARFEASI Act. The learned standing counsel for the respondent company by relied upon the written communication recieved from the Authorised Officer, LIC Housing Ltd., Coimbatore, dated 07.01.2010 which states that Loan A/c. No.1311583 and 1311380 are closed out of Court and the applicants have also given consent to withdraw the case filed before this Court. A copy of the letter dated 07.01.2010 written by the petitioner to the Area Manager of the finance company is also enclosed along with the letter of the first respondent. The learned counsel would submit that as per the letter by the petitioner dated 07.01.2010 the entire dues to the respondents has been settled in one time settlement by paying Rs.10 lakhs. 3. In such view of the matter quashing the notice under Section 13(2) does not arise. However, there will be a direction to the respondents to return the documents, which have been deposited by the petitioner to secure the loan amount, within a period of two weeks from the date of receipt of a copy of this order. 4. In result the writ petition is disposed of with the above direction. Consequently, connected M.P.No.1 of 2008 is close prm Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1. The Authorised Officer, L.I.C. Housing Finance Ltd., Tristar Tower Ist Floor, 657, Avinasi Road, Coimbatore – 641 037. 2. The Regional Manager, LIC, Housing Finance Ltd., South India, Co-operative Buildings, No.38, Annasalai, Chennai – 2. 3. LIC Housing Finance Ltd, Registered Corporate Office, Bombay Life Building, II Floor, 45/47, Near Nariman-point, Mumbai – 400 001.3 + 1cc to Mr. B.B. Senthilkumar, Advocate SR.1972 W.P.No.7231 of 2008 And M.P.No.1 of 2008 AR(CO) EU 21.01.10 https://hcservices.ecourts.gov.in/hcservices/