In a writ petition, the petitioner sought a directive for the respondents to accept part recovery of mortgage dues on a specific portion of mortgaged land purchased by him, after discovering the encumbrance. The court dismissed the petition.
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W.P(MD)No.13813 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.13813 of 2014
V.Poula Rubi@ Jaculin
...Petitioner
Vs.
2.Tamil Nadu Industrial Investment Corporation Limited, Salem Branch, Represented by Branch Manager, M/s.TIIC Ltd, 4/35 N.P.S Complex, Polpettai, Tuticorin.
3.The Regional Manager, M/s. Tamil Nadu Industrial Investment Corporation Limited, Vannarpet, S.Building, Tirunelveli.
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W.P(MD)No.13813 of 2014
4.S.Murugesan
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to receive a sum of Rs.85,300/- being the proportionate amount for 25.26 cents of scheduled property in revenue survey number 499/1 of Meelavittan Village, Tuticorin Melur Sub Registrar office, Tuticorin Taluk and order to issue No Objection Certificate in respect of the above mentioned scheduled property.
For Petitioner : Mr.S.Herold Singh For R1 to R3 : Mr.R.Saravanan For R4 : No appearance
O R D E R
The petitioner said to have purchased 25.26 cents of
lands in Survey No.499/1, Meelavittan Village, Tuticorin from the fourth respondent herein. The total extent of the above property in Survey No.499/1 is 2 Acres and 1 ¾ cents and it was mortgaged by
the fourth respondent with the Tamil Nadu Industrial Corporation in
the year 1995 for a sum of Rs.11,00,000/-. Without knowing the
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W.P(MD)No.13813 of 2014
same, the petitioner has purchased a portion of the above property from the fourth respondent and after knowing that the property has been mortgaged by the fourth respondent, the petitioner has come forward with a proposal that he would clear the mortgage amount with regard to the portion of the property, which he has purchased and the same has been rejected by the respondents 1 to 3. Hence, this petition.
2.The learned counsel appearing for the respondents 1 to
3 submits that this part proposal is not feasible for consideration as the fourth respondent has borrowed a sum of Rs.11,00,000/- and mortgaged the entire property in Survey No. 499/1. Therefore, it cannot be segregated for the portion of property, which the petitioner has purchased. The learned counsel further submits that there is no provision for such part recovery under their procedure.
3.Recording the submission made by the learned counsel
appearing for the respondents 1 to 3, this writ petition is dismissed
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W.P(MD)No.13813 of 2014
with a liberty to the petitioner to work out his remedy with the
fourth respondent. No costs.
15.06.2023
NCC : Yes / No. Index : Yes / No. Internet : Yes / No. vrn To 1.The Managing Director, M/s.Tamil Nadu Industrial Investment, Corporation Limited, No.692, Annasalai, Nandanam, Chennai – 600 035.
2.Tamil Nadu Industrial Investment Corporation Limited, Salem Branch, Represented by Branch Manager, M/s.TIIC Ltd, 4/35 N.P.S Complex, Polpettai, Tuticorin.
3.The Regional Manager, M/s. Tamil Nadu Industrial Investment Corporation Limited, Vannarpet, S.Building,Tirunelveli.
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W.P(MD)No.13813 of 2014
B.PUGALENDHI, J.
vrn
Order made in W.P(MD)No.13813 of 2014
15.06.2023
2 issues framed by the court
Whether a Writ of Mandamus can be issued against the Industrial Investment Corporation to permit part recovery of a mortgaged property.
Whether the Corporation is obligated to accept a proposal to clear mortgage dues on a specific portion of scheduled property.
V.Poula Rubi@ Jaculin
Tamil Nadu Industrial Investment Corporation Limited
S. Murugesan
B. Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
