VENKATESAN Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The Petitioner has preferred the instant Writ of Mandamus praying for passing of an order by this Court in directing the Respondents to offer police protection to him at his cost in taking delivery of physical possession of the property situate at Survey No. 414-3C-1 of Gummidipoondi Village, Gummidipoondi District measuring an extent of 0.25 acres. According to the Petitioner, one Arunachala Nadar obtained loan from Tamil Nadu Industrial Investment Corporation in the year 1989 for the purpose of constructing a Lodging House. The said Lodging House was constructed in the property given as collateral security for due discharge of the loan amount. In the mean while, Arunachala Nadar died in the year 2002 and the loan amount remains unpaid. The Third Respondent/Tamil Nadu Industrial Investment Corporation exercised its powers in terms of mortgage and also under the statute and brought the property for sale by a public auction.

(2.) In the meanwhile, the Fourth Respondent approached this Court by challenging the proceedings of the Third Respondent in W.P. No. 35771 of 2003 and this Court, on 08.12.2003 disposed of the Writ Petition, whereby and whereunder, in paragraphs 3 and 4, it is observed as follows:

(3.) Later, the Fourth Respondent approached the Third Respondent for one time settlement and waiver of interest. The Third Respondent/Corporation called upon him to pay at Rs. 9,12,719/- towards one time settlement. Further, the Fourth Respondent failed to avail the one time settlement which resulted in taking of coercive action in bringing the property on auction.