BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18/11/2010
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN
Writ Petition(MD).No.13715 of 2010
and
M.P.(MD).No.1 of 2010
M.K.Gomaty Ammal
... Petitioner
Vs.
1. The Sales Officer/Joint Registrar,
Office of the Joint Registrar (Housing),
Virudhunagar Region,
Virudhunagar,
Virudhunagar District.
2. The Secretary,
N.N.11, Paramakudi Co-operative Building
Society Limited,
No.5/169-A, Kollampattarai Street,
Paramakudi,
Ramanathapuram District.
3. K.Raveendran
4. The Deputy Superintendent of Police,
Anti Corruption and Economic Wing Office,
Collectorate Campus,
Ramanathapuram,
Ramanathapuram District.
... Respondents
Prayer
Petition filed under Article 226 of the Constitution of India praying for the
issuance of a Writ of Mandamus, to forbear the respondents 1 and 2 herein from
dispossessing the petitioner and her family members from their residential house
property situate in Survey No.248/3, Plot No.20, T.S.No.19/2A1, Door No.1/75F20
and 1/75F21 of Emaneswaram Village, Paramakudi Taluk, Ramanathapuram District,
pursuant to the auction proceedings issued by the first respondent herein in the
name of the third respondent.
!For Petitioner ... M/s. S.Veeranasamy
^For R1 and R4 ... Mr.K.M.Vijaya Kumar,
Special Government Pleader
For R2 ...Mr.D.Sasikumar,
Government Advocate
:ORDER
The petitioner has stated that she had purchased the property situated in
Survey No.248/3, Plot No.20, T.S.No.19/2A1, along with the building bearing Door
No.1/75F20 and 1/75F21, in Emaneswaram Village, Paramakudi Taluk, Ramanathapuram
District, from the third respondent. However, on 30.08.2010, the first
respondent had proposed to conduct an auction to sell the property, purchased by
the petitioner, due to the non-payment of the dues relating to the housing loan
availed by the third respondent, from the N.N.11, Paramakudi Co-operative
Building Society Limited, Paramakudi, Ramanathapuram District, the second
respondent herein.
2. The main contention of the learned counsel for the petitioner is that
the third respondent had sold the property in question to the petitioner,
suppressing the fact that the said property was being brought to public auction
for the non-payment of the dues relating to the housing loan availed by the
third respondent. Therefore, the first respondent is to be restrained from
bringing the property in question for sale by public auction.
3. In view of the averments made in the affidavit filed in support of the
writ petition and in view of the submissions made by the learned counsel
appearing for the petitioner, this Court is of the considered view that the
petitioner has not shown sufficient cause or reason to grant the relief, as
prayed for by the petitioner, in the present writ petition. The property in
question had been brought to sale by public auction, by the first respondent,
due to the fact that the third respondent had not discharged his liability of
repaying the housing loan availed by him from the N.N.11, Paramakudi Co-
operative Building Society Limited, Paramakudi, Ramanathapuram District, the
second respondent herein. Even if the petitioner has purchased the said
property, without having the knowledge that the third respondent had mortgaged
the property for availing the housing loan, it would not be open to him to
challenge the auction to be conducted by the first respondent. However, it goes
without saying that it would be open to the petitioner to initiate appropriate
action against the third respondent, if so advised, before the appropriate
forum, in the manner known to law, to recover the amount, said to have been paid
by the petitioner to the third respondent, in purchasing the property in
question. As such, the writ petition is devoid of merits. Hence, it is
dismissed. No costs. Consequently, the connected Miscellaneous Petition is
closed.
To
1. The Sales Officer/Joint Registrar,
Office of the Joint Registrar (Housing),
Virudhunagar Region,
Virudhunagar,
Virudhunagar District.
2. The Secretary,
N.N.11, Paramakudi Co-operative Building
Society Limited,
No.5/169-A, Kollampattarai Street,
Paramakudi,
Ramanathapuram District.
3. The Deputy Superintendent of Police,
Anti Corruption and Economic Wing Office,
Collectorate Campus,
Ramanathapuram,
Ramanathapuram District.