Petitioner sought mandamus to prevent the housing finance company's authorised officer taking physical possession of his land. The court held an alternative remedy lay before the Debts Recovery Tribunal, dismissed the petition keeping rights open, and deemed delay condoned if an application is filed within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(MD). No.6565 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 12/02/2025
CORAM
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE V.LAKSHMINARAYANAN
W.P.(MD). No.6565 of 2023
Perinbam
... Petitioner
-vs-
4 Suja ... Respondents
PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 1st respondent not to take physical possession of the petitioner's property in Survey No.224/3B, situated at Ponmanai Village, Kalkulam Taluk, Kanyakumari District, measuring 1 ¾ cent.
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WP(MD). No.6565 of 2023
For Petitioner : Mr.R.J.Karthick
For Respondent 1 : Mr.V.Sukumar
ORDER
(Order of the Court was made by the Hon'ble The Chief Justice)
For the prayer in the petition, certainly, petitioner has an alternative remedy and can approach Debts Recovery Tribunal.
Writ Petition is dismissed. If an application is filed before Debts Recovery Tribunal within two weeks from the date the order is uploaded, the delay, if any, shall be deemed to have been condoned. No costs. Consequently, the connected W.M.P.(MD) No.6222 of 2023 is closed.
(K.R.SHRIRAM, C.J.) (V.LAKSHMINARAYANAN, J.)
12.02.2025
NCC : Yes/No Index : Yes/No
dixit
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WP(MD). No.6565 of 2023
To
The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.
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WP(MD). No.6565 of 2023
THE HON'BLE CHIEF JUSTICE AND V.LAKSHMINARAYANAN, J.
dixit
WP(MD) No.6565 of 2023
Date : 12/02/2025
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1 issue framed by the court
Whether a writ of mandamus could be issued restraining physical possession of the petitioner's property by the housing finance company.
1 provisions across 1 enactments
Perinbam
The Authorized Officer, Aptus Value Housing Finance India Ltd.
The Inspector of Police, Kulasekaram Police Station
T.Rajagopal
Suja
K.R.Shriram
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
