Dismissed¶28

Paruk v. The Authorised Officer

Madras HC10 Dec 2025WP(MD)/35395/2025

Case brief

AI extract

What is this about?

Tenant/third-party occupant claim against lender repossession; writ of mandamus under Article 226 to restrain first respondent financial institution (Authorised Officer, Mahindra & Mahindra Financial Services Ltd.) from dispossessing, evicting or lock-and-seal of premises at Anaiyur, Madurai pending disposal of representation; petitioner held to be third party to loan transaction; occupation not statutory or contractual; no registered or written rental agreement; Madurai Bench, Madras High Court, dated 10.12.2025; writ petition dismissed.

What did the court decide?

The petitioner is a third party as far as the loan transaction is concerned, and his occupation in the premises is not statutory or contractual. ¶26

Paruk Vs The Authorised Officer — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD)No.35395 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 10.12.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN

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W.P.(MD)No.35395 of 2025 and W.M.P.(MD)Nos.28085 and 28088 of 2025

1.Paruk

2.M.Kacnhana Devi

3.B.Anusiya

... Petitioners

Vs.

1.The Authorised Officer, Mahindra & Mahindra Financial Services Ltd., Unit No.302, B Wing,

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Amiti Building Agastya Corporate Park, Kamani Junction, L.B.S.Marg, Opp.Kutia Fire Brigade, Kuria, Mumbai-400 070.

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2.S.P.Meenakshi Sundaram

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3.Alamelu

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... Respondents

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PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent not to dispossess, evict the petitioners, to lock and seal the property which is situated at Door No.25, Yoga Vinayagar Illam, Imayam Nagar, Anaiyur, Madurai, in which the petitioners are residing as lawful lessess, till the disposal of the petitioners' representation and in accordance with law.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD)No.35395 of 2025

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For Petitioner : Mr.W.Pamelin

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ORDER

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(Order of the Court was made by DR.G.JAYACHANDRAN, J.)

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The petitioner herein claiming himself as a tenant under the

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borrower from the first respondent has come to this Court with a prayer that a mandamus must be issued against the financial Institution restraining it from dispossessing the petitioner.

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2.We find that the petitioner is the third party as far as the loan

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transaction is concerned. His occupation in the premises is not statutory or contractual. In the absence of any registered or written rental agreement, this Court cannot grant the relief sought by the petitioner.

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3.Accordingly, this writ petition stands dismissed.

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Consequently, connected miscellaneous petitions are closed. There shall

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be no order as to costs.

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[G.J., J.] & [K.K.R.K., J.] 10.12.2025

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Index :Yes/No Internet :Yes ta

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