1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 14..03..2011 Coram:: THE HONOURABLE MS.JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Petition (MD)No.1426 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 J. Ganesan, S/o. James, 4/172, Anthoniyarpuram, West Caldwell Colony, Thoothukudi District. ..... Petitioner - Vs - The Authorized Officer, Housing Development Finance Corporation Ltd., Mangalmal, Mani Nagar, Palayamkottai Road, Thoothukudi - 628 003. ......Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records relating to the proceedings in auction notice dated 28.01.2011 on the file of the respondent and published in Daily Thanthi dated 29.01.2011 and quash the same. For Petitioner :: Mr. R. Maheswaran For Respondent :: Mr. D. Sadiq Raja For M/S. Pala. Ramasamy O R D E R (Order of the Court was delivered by K. SUGUNA, J.) The petitioner filed this writ petition challenging the Auction Notice dated 28.01.2011 published in Daily Thanthi dated 29.01.2011. 2. According to the learned counsel appearing for the petitioner, the impugned notice has been issued without serving any notice on the petitioner under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 3. On notice, learned counsel appearing for the respondent bank has brought to the notice of this Court that a notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been issued on 18.10.2007, but the same has been returned with a postal endorsement as "Not claimed". According to the learned counsel appearing for the respondent, when the petitioner had not claimed the notice and besides it is not the case of the petitioner also that he is not in the said address, the stand of the petitioner should not be allowed. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Except the above, no other infirmity has been brought to the notice of this Court. In view of the submissions of the learned counsel appearing for the respondent, we are not inclined to accept the stand of the learned counsel appearing for the petitioner. Hence, we do not find any merit in this writ petition and the same is liable to be dismissed. 5. Accordingly, this writ petition is dismissed. However, there will be no order as to costs. Consequently, the connected M.P.(MD)Nos.1 and 2 of 2011 are also dismissed. SD DEPUTY REGISTRAR ( ACCOUNTS ) /TRUE COPY/ ASST REGISTRAR Dpn/- TO: The Authorized Officer, Housing Development Finance Corporation Ltd., Mangalmal, Mani Nagar, Palayamkottai Road, Thoothukudi - 628 003. 1CC TO MR. G.PRABHU RAJADURAI, ADVOCATE, SR: 6339: DM:2011::MARCH:24::: W.P.(MD)No.1426 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 14.03.2011 2P:3C:: https://hcservices.ecourts.gov.in/hcservices/