Madras High Court
S.Anthony Savarimuthu vs The General Manager on 2 July, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P(MD)No.6670 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 02.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
W.P(MD)No.6670 of 2019
and
W.M.P.(MD) Nos.5337 and 20294 of 2019
S.Anthony Savarimuthu ... Petitioner
Vs.
1.The General Manager,
Dept. of Non Banking Supervision,
Reserve Bank of India,
Fort Glacis, 16, Rajaji Salai,
Chennai-600 001.
2.The Secretary to Govt.,
Law Department, Fort St. George,
Chennai-9.
3.The Secretary to Govt.,
Public Department, Fort St. George,
Chennai-9.
4.The Secretary to Govt.,
Revenue Department,
Fort St. George, Chennai-9.
5.The District Collector,
Tirunelveli, Tirunelveli District.
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W.P(MD)No.6670 of 2019
6.The Tahsildar,
Tirunelveli Taluk,
Tirunelveli, Tirunelveli District.
7.The Inspector of Police,
District Crime Branch,
Tirunelveli, Tirunelveli District.
8.The Regional Transport Officer,
Tirunelveli, Tirunelveli District.
9.The Managing Director,
SREI Equipment Finance Ltd.,
Head Office – Plot No.7-10,
Block EP, Sector-V,
Salt Lake City, Kolkata-700 091.
10.The Manager,
SREI Equipment Finance Ltd.,
No.2, 1st Floor, 67-G/3, Charu Towers,
South Bypass Road, Near New Bus Stand,
Tirunelveli, Tirunelveli District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, to direct the
respondents 1 to 8 to forbear the private financial companies functioning
within the State of Tamil Nadu from selling any hypothecated/pledged
vehicles or bringing the same for any auction, in the name of default in
repaying of loan, without the intervention of jurisdictional competent
court and direct the respondents 1 to 8 to ensure that no vehicle is to be
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W.P(MD)No.6670 of 2019
seized or confiscated or sold without the intervention or producing
before the competent jurisdictional court in the matters of recovering
defaulted loans against vehicles purchased under hire purchase
agreement by any financial or banking institutions functioning or
carrying business within the state of Tamil Nadu.
For Petitioner : Mr.S.Balamurugan
For RR2 to 6 & 8 : Mr.P.Thilakkumar
Government Pleader
For R7 : Mr.T.Senthilkumar
Additional Public Prosecutor
For RR9 & 10 : Mr.Ananth C. Rajesh
For R1 : No appearance
ORDER
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The relief sought for in the present writ petition is absolutely misconceived. It is a private dispute between the petitioner and a company regarding loan transaction and any grievance exists, the petitioner has to resolve the same in the manner known to law.
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2. With the above observation, this Writ Petition stands dismissed.
However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
[S.M.S., J.] [A.D.M.C., J.] 02.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr To
1.The Secretary to Govt., Law Department, Fort St. George, Chennai-9.
2.The Secretary to Govt., Public Department, Fort St. George, Chennai-9.
3.The Secretary to Govt., Revenue Department, Fort St. George, Chennai-9.
4.The District Collector, Tirunelveli, Tirunelveli District.
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5.The Tahsildar, Tirunelveli Taluk, Tirunelveli, Tirunelveli District.
6.The Inspector of Police, District Crime Branch, Tirunelveli, Tirunelveli District.
7.The Regional Transport Officer, Tirunelveli, Tirunelveli District.
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and DR.A.D.MARIA CLETE, J.
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