1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD).No.731 of 2011 and M.P.Nos.1 and 2 of 2011 K.P.Subash Monikantan : Petitioner Vs. 1.Housing Development Finance Corporation Limited, Rep by its Chairman, Regd Office at Ramon House, H.T.Parekhmarg, 169, Backbay Reclamation, Churchgate, Mumbai 400 002. 2.Authorized Officer, Housing Development Finance Corporation Limited, HDFC House, Vazhuthakadu, Post Box No.2288, Thiruvananthapuram 695 010. 3.The Chief Judicial Magistrate Court, Kanyakumari District, Nagercoil. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the entire records relating to the possession notice order passed by the third respondent dated 25.11.2010 under Section 14(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 and quash the same in respect of the property bearing piece and parcel of land admeasuring an extent of 5 cents of land in Survey No.332/1A at Veeyanoor Village, Agastheeswaram Taluk, Kanyakumari District along with the structures thereon. For Petitioner : Mr.T.Selvakumaran For Respondents1&2 : Mr.Pala Ramsamy https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R [Order of the Court was made BY N.PAUL VASANTHAKUMAR, J] Mr.Pala Ramasamy, learned counsel, takes notice on behalf of respondents 1 and 2. This Writ Petition is filed challenging the order dated 25.11.2010 made in C.M.P.No.1898 of 2010, on the file of the learned Chief Judicial Magistrate, Nagercoil, by which a direction was issued by the learned Chief Judicial Magistrate to the Inspector of Police, Thuckkalai Police Station, to give police protection to the respondents bank to effect attachment of the petitioner's property on the ground that the petitioner has committed default in repaying the loan amount with interest. 2. After the said order was passed, the above property was taken possession by issuing a possession notice on 11.01.2011 under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002. The said possession notice dated 11.01.2011 is not challenged in the Writ Petition. 3. The learned counsel appearing for the petitioner, during the course of arguments, submitted that the petitioner is prepared to pay the entire amount due to the bank. 4. If that is the stand of the petitioner, it is for him to approach the bank with a specific request and it is for the bank to consider the same and pass orders on merits and in accordance with law. Since the order dated 25.11.2010 has already been given effect to by taking possession on 11.01.2011, we are of the considered view, there is no necessity to go into the validity of the order dated 25.11.2010 passed by the learned Chief Judicial Magistrate, Nagercoil. 5. In the result, the Writ Petition is dismissed granting liberty to the petitioner to approach the respondents bank for appropriate relief and it is for the respondents bank to consider the request of the petitioner and pass appropriate orders on merits and in accordance with law. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Chairman, Housing Development Finance Corporation Limited, Regd Office at Ramon House, H.T.Parekhmarg, 169, Backbay Reclamation, Churchgate, Mumbai 400 002. 2.Authorized Officer, Housing Development Finance Corporation Limited, HDFC House, Vazhuthakadu, Post Box No.2288, Thiruvananthapuram 695 010. 3.The Chief Judicial Magistrate, Kanyakumari District, Nagercoil. +1 CC to Mr.T.Selvakumaran, Advocate (SR.No.2139) ORDER MADE IN W.P.(MD).No.731 of 2011 20.01.2011 NB NSV/20.1.11/3P/5C https://hcservices.ecourts.gov.in/hcservices/