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2014 DIGILAW 3156 (MAD)

A. Paulraj v. Authorized Officer, Housing Development Finance Corporation Limited, Trivandrum

2014-09-08

S.MANIKUMAR, V.S.RAVI

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Judgment : S. Manimumar,J. 1. The petitioner has sought for a Writ of Mandamus, directing the Authorized Officer, Housing Development Finance Corporation Limited, HDFC House, Vazhutchacaud, Trivandrum, the first respondent herein, not to evict him from the lands in Resurvey Nos.D4/153-2 & D4/155-2, Nallor Village, Vilavancode Taluk, Kanyakumari District, without invoking the provisions of the Tamil Nadu Buildings Lease and Rent Control Act. 2. Material on record discloses that a notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, has been issued against the second respondent herein, for taking possession of the said properties for debts. The said Notice is extracted hereunder: "Please refer to our Demand Notice, dated 15-June-14 issued by the Authorised Officer on behalf of Housing Development Finance Corporation Limited (HDFC) to you under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, calling upon you to discharge in full a total sum amounting to Rs.8,20,514/- due as on 30-APR-14 in respect of your above mentioned Loan Account with us, within 60 days from the date of receipt of the said notice, together with further interest thereon at the applicable rate, incidental expenses, costs, charges incurred / to be incurred w.e.f. 01-MAY-14. Inspite of the above Demand Notice issued by HDFC as aforesaid, you have failed and neglected to discharge your liability even after the expiry of 60 days notice period. As such, the Authorised Officer on behalf of HDFC has no option but to take further action by way of enforcement of securities by taking possession and selling the securities for realizing HDFC's dues as contemplated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Accordingly, I, the undersigned, in my capacity as Authorised Officer of HDFC do hereby inform you that the Authorised Officer of HDFC, with the assistance of its SARFAESI supporting agency shall take or cause taking possession of the secured asset being, 9.500 cents (4138.2 Sq. Ft.) comprised in 5.350 Cents in Re.survey.D4/153-2, 4.150 Cents Re Survey.D4/155-2 of Nalloor Village, Vilavancode Taluk, Kanyakumari District, more particularly described in the HDFC's aforesaid Demand Notice, on 08-SEP-2014 or any day thereafter. Ft.) comprised in 5.350 Cents in Re.survey.D4/153-2, 4.150 Cents Re Survey.D4/155-2 of Nalloor Village, Vilavancode Taluk, Kanyakumari District, more particularly described in the HDFC's aforesaid Demand Notice, on 08-SEP-2014 or any day thereafter. Under these circumstances, I, on behalf of HDFC, do hereby call upon you to remove your personal belongings / household effects lying in the aforesaid Secured Asset and remain present at the site to hand over / surrender the vacant possession of the said Secured Asset to the Authorized Officer of HDFC on the date mentioned above. You are also requested to cooperate with HDFC by handing over peaceful and vacant possession of the Secured Asset. Please take notice that in case you fail to remain present at the time of take over, the Authorized Officer of HDFC will have no option but to enter the premises in your absence and proceed further in the matter of taking possession of the Secured Asset by following due process of law at your risk and cost. Please also note that the Authorised Officer will be constrained to remove the personal belongings / household effects lying inside the aforesaid Secured Asset and dispose off / deal with it in the manner as may be deemed fit at the costs & consequences of which you alone shall be responsible. Please also note, if you do not co-operate or cause obstruction to the Authorised Officer of HDFC Limited and its SAFRAESI Supporting Agency's officials in taking peaceful possession of the Secured Asset, the AO reserves his / her right to approach Chief Metropolitan Magistrate or District Magistrate as contemplated under Section 14 of the said Act, or such Law Enforcement Agencies, as may be necessary, without further notice to you, for taking possession and control of the Secured Asset(s)." 3. It is well known that as against the notice under Section 13(4) of the Act, remedy is available under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, to approach the concerned forum. Writ petition is not maintainable. 4. Though the learned counsel for the petitioner prayed for issuance of an interim directions, this Court is not inclined to grant any such order, for the reason that if the Writ Petition is not maintainable in law, no interim direction can be granted, as a stop gap arrangement. 5. The Writ Petition is dismissed. Writ petition is not maintainable. 4. Though the learned counsel for the petitioner prayed for issuance of an interim directions, this Court is not inclined to grant any such order, for the reason that if the Writ Petition is not maintainable in law, no interim direction can be granted, as a stop gap arrangement. 5. The Writ Petition is dismissed. Consequently connected miscellaneous petition is also dismissed. No costs.